StP    H 

"Y  OF  CALIFORNIA 
DEPARTMENT  OF  THE  INTERIOR  ANGELES 

GENERAL  LAND   OFFICE 

7  »9o2 


HM 


L-3RARY 


NITED  STATES  LAWS  AND 


RELATING  TO 


TOWNSITES,  PARKS,  AND  CEMETERIES 


(NOT  APPLICABLE   TO   ALASKA) 


APPROVED  AUGUST  7,  1909 

(For  former  regulations  see  5  L.  D.,  265,  and  32  L.  D.,  156) 


WASHINGTON 

GOVERNMENT   PRINTING  OFFICE 
1909 


' 


UNITED  STATES  LAWS 

,  RELATING   TO 

TOWNSITES,  PARKS,  AND  CEMETERIES. 


DEPARTMENT  OF  THE  INTERIOR, 

GENERAL  LAND  OFFICE, 
Washington,  D.  C.,  August  7,  1909. 

COUNTY-SEAT  TOWNSITES. 

SEC.  2286.  There  shall  be  granted  to  the  several  counties  or  par- 
ishes of  each  State  and  Territory,  where  there  are  public  lands,  at  the 
minimum  price  for  which  public  lands  of  the  United  States  are  sold, 
the  right  of  preemption  to  one  quarter  section  of  land,  in  each  of  the 
counties  or  parishes,  in  trust  for  such  counties  or  parishes,  respectively, 
for  the  establishment  of  seats  of  justice  therein;  but  the  proceeds  of 
the  sale  of  each  of  such  quarter  sections  shall  be  appropriated  for  the 
purpose  of  erecting  public  buildings  in  the  county  or  parish  for  which 
it  is  located,  after  deducting  therefrom  the  amount  originally  paid  for 
the  same.  And  the  seat  of  justice  for  such  counties  or  parishes, 
respectively,  shall  be  fixed  previously  to  a  sale  of  the  adjoining  lands 
within  the  county  or  parish  for  which  the  same  is  located. 

Act  approved  May  26,  1824  (4  Stat.,  50,  sec.  1). 


TOWNSITES  RESERVED  BY  PRESIDENT. 

SEC.  2380.  The  President  is  authorized  to  reserve  from  the  public 
lands,  whether  surveyed  or  unsurveyed,  town  sites  on  the  shores  of 
harbors,  at  the  junction  of  rivers,  important  portages,  or  any  natural 
or  prospective  centers  of  population. 

SEC.  2381.  When,  in  the  opinion  of  the  President,  the  public 
interests  require  it,  it  shall  be  the  duty  of  the  Secretary  of  the  Interior 
to  cause  any  of  such  reservations,  or  part  thereof,  to  be  surveyed  into 
urban  or  suburban  lots  of  suitable  size,  and  to  fix  by  appraisement  of 
disinterested  persons  their  cash  value,  and  to  offer  the  same  for  sale 
at  public  outcry  to  the  highest  bidder,  and  thence  afterward  to  be  held 
subject  to  sale  at  private  entry  according  to  such  regulations  as  the 
Secretary  of  the  Interior  may  prescribe;  but  no  lot  shall  be  disposed 
of  at  public  sale  or  private  entry  for  less  than  the  appraised  value 
thereof.  And  all  such  sales  shall  be  conducted  by  the  register  and 
receiver  of  the  land  office  in  the  district  in  which  the  reservations  may 
be  situated,  in  accordance  with  the  instructions  of  the  Commissioner 
of  the  General  Land  Office. 

Act  approved  March  3,  1863  (12  Stat,,  754). 


4  LAWS. 

TOWNSITES  PLATTED  BY  OCCUPANTS. 

SEC.  2382.  In  any  case  in  which  parties  have  already  founded,  or 
may  hereafter  desire  to  found,  a  city  or  town  en  the  public  lands,  it 
may  be  lawful  for  them  to  cause  to  be  filed  with  the  recorder  for  the 
county  in  which  the  same  is  situated,  a  plat  thereof,  for  not  exceed- 
ing six  hundred  and  forty  acres,  describing  its  exterior  boundaries 
according  to  the  lines  of  the  public  surveys,  where  such  surveys  have 
been  executed ;  also  giving  the  name  of  such  city  or  town,  and  exhibit- 
ing the  streets,  squares,  blocks,  lots,  and  alleys,  the  size  of  the  same, 
with  measurements  and  area  of  each  municipal  subdivision,  the  lots  in 
which  shall  each  not  exceed  four  thousand  two  hundred  square  feet, 
with  a  statement  of  the  extent  and  general  character  of  the  improve- 
ments ;  such  map  and  statement  to  be  verified  under  oath  by  the  party 
acting  for  and  in  behalf  of  the  persons  proposing  to  establish  such 
city  or  town;  and  within  one  month  after  such  filing  there  shall  be 
transmitted  to  the  General  Land-Office  a  verified  transcript  of  such 
map  and  statement,  accompanied  by  the  testimony  of  two  witnesses 
that  such  city  or  town  has  been  established  in  good  faith,  and  when 
the  premises  are  wyithin  the  limits  of  an  organized  land  district,  a  sim- 
ilar map  and  statement  shall  be  filed  with  the  register  and  receiver, 
and  at  any  time  after  the  filing  of  such  map,  statement,  and  testimony 
in  the  General  Land-Office  it  may  be  lawful  for  the  President  to  cause 
the  lots  embraced  within  the  limits  of  such  city  or  town  to  be  offered 
at  public  sale  to  the  highest  bidder,  subject  to  a  minimum  of  ten  dol- 
lars for  each  lot;  and  such  lots  as  may  not  be  disposed  of  at  public 
sale  shall  thereafter  be  liable  to  private  entry  at  such  minimum,  or  at 
such  reasonable  increase  or  diminution  thereafter  as  the  Secretary  of 
the  Interior  may  order  from  time  to  time,  after  at  least  three  months' 
notice,  in  view  of  the  increase  or  decrease  in  the  value  of  the  municipal 
property.  But  any  actual  settler  upon  any  one  lot,  as  above  provided, 
and  upon  any  additional  lot  in  which  he  may  have  substantial  improve- 
ments shall  be  entitled  to  prove  up  and  purchase  the  same  as  a  pre- 
emption, at  such  minimum,  at  any  time  before  the  day  fixed  for  the 
public  sale. 

SEC.  2383.  When  such  cities  or  towns  are  established  upon  unsur- 
veyed  lands,  it  may  be  lawful,  after  the  extension  thereto  of  the  public 
surveys,  to  adjust  the  extension  limits  of  the  premises  according  to 
those  lines,  where  it  can  be  done  without  interference  with  rights 
which  may  be  vested  by  sale;  and  patents  for  all  lots  so  disposed  of 
at  public  or  private  sale  shall  issue  as  in  ordinary  cases. 

SEC.  2384.  If  within  twelve  months  from  the  establishment  of  a  city 
or  town  on  the  public  domain,  the  parties  interested  refuse  or  fail  to 
file  in  the  General  Land-Office  a  transcript  map,  with  the  statement 
and  testimony  called  for  by  the  provisions  of  section  twenty-three 
hundred  and  eighty-two,  it  may  be  lawful  for  the  Secretary  of  the 
Interior  to  cause  a  survey  and  plat  to  be  made  of  such  city  or  town, 
and  thereafter  the  lots  in  the  same  shall  be  disposed  of  as  required  by 
such  provisions,  with  this  exception,  that  they  shall  each  be  at  an 
increase  of  fifty  per  centum  on  the  minimum  of  ten  dollars  per  lot. 

Act  approved  July  1,  1864  (13  Stat.,  343,  sees.  2,  3,  and  4). 

SEC.  2385.  In  the  case  of  any  city  or  town,  in  which  the  lots  may 
be  variant  as  to  size  from  the  limitation  fixed  in  section  twenty- 


LAWS.  5 

three  hundred  and  eighty-two,  and  in  which  the  lots  and  buildings, 
as  municipal  improvements,  cover  an  area  greater  than  six  hundred 
and  forty  acres,  such  variance  as  to  size  of  lots  or  excess  in  area  shall 
prove  no  bar  to  such  city  or  town  claim  under  the  provisions  of  that 
section;  but  the  minimum  price  of  each  lot  in  such  city  or  town, 
which  may  contain  a  greater  number  of  square  feet  than  the  maxi- 
mum named  in  that  section,  shall  be  increased  to  such  reasonable 
amount  as  the  Secretary  of  the  Interior  may  by  rule  establish. 

SEC.  2386.  Where  mineral  veins  are  possessed,  which  possession  is 
recognized  by  local  authority,  and  to  the  extent  so  possessed  and 
recognized,  the  title  to  town-lots  to  be  acquired  shall  be  subject  to 
such  recognized  possession  and  the  necessary  use  thereof;  but 
nothing  contained  in  this  section  shall  be  so  construed  as  to  recognize 
any  color  of  title  in  possessors  for  mining  purposes  as  against  the 
United  States. 

Act  approved  March  3,  1865  (13  Stat.,  530,  sec.  2).  (See  sec.  2392, 
Rev.  Stats.,  and  sec.  16,  act  of  March  3,  1891,  26  Stat.,  1101,  infra.) 


TOWNSITES  ENTERED  BY  CORPORATE  AUTHORITIES  OR  JUDGES  OF 
COUNTY  COURTS  AS  TRUSTEES. 

SEC.  2387.  Whenever  any  portion  of  the  public  lands  have  been  or 
may  be  settled  upon  and  occupied  as  a  town-site,  not  subject  to 
entry  under  the  agricultural  pre-emption  laws,  it  is  lawful,  in  case 
such  town  be  incorporated,  for  the  corporate  authorities  thereof,  and, 
if  not  incorporated,  for  the  judge  of  the  county  court  for  the  county 
in  which  such  town  is  situated,  to  enter  at  the  proper  land-office, 
and  at  the  minimum  price,  the  land  so  settled  and  occupied  in  trust 
for  the  several  use  and  benefit  of  the  occupants  thereof,  according  to 
their  respective  interests;  the  execution  of  which  trust,  as  to  the  dis- 
posal of  lots  in  such  town,  and  the  proceeds  of  the  sales  thereof,  to 
be  conducted  under  such  regulations  as  may  be  prescribed  by  the 
legislative  authority  of  the  State  or  Territory  in  which  the  same  may 
be  situated. 

SEC.  2388.  The  entry  of  the  land  provided  for  in  the  preceding 
section  shall  be  made,  or  a  declaratory  statement  of  the  purpose  of 
the  inhabitants  to  enter  it  as  a  town-site  shall  be  filed  with  the  reg- 
ister of  the  proper  land-office,  prior  to  the  commencement  of  the 
public  sale  or  the  body  of  land  in  which  it  is  included,  and  the  entry 
or  declaratory  statement  shall  include  only  such  land  as  is  actually 
occupied  by  the  town,  and  the  title  to  which  is  in  the  United  States ; 
but  in  any  Territory  in  which  a  land-office  may  not  have  been  estab- 
lished, such  declaratory  statements  may  be  filed  with  the  surveyor- 
general  of  the  surveying-district  in  which  the  lands  are  situated,  who 
shall  transmit  the  same  to  the  General  Land-Office. 

SEC.  2389.  If  upon  surveyed  lands,  the  entry  shall  in  its  exterior 
limit  be  made  in  conformity  to  the  legal  subdivisions  of  the  public 
lands  authorized  by  law;  and  where  the  inhabitants  are  in  number 
one  hundred,  and  less  than  two  hundred,  shall  embrace  not  exceed- 
ing three  hundred  and  twenty  acres;  and  in  cases  where  the  inhab- 
itants of  such  town  are  more  than  two  hundred,  and  less  than  one 
thousand,  shall  embrace  not  exceeding  six  hundred  and  forty  acres; 


6  .      LAWS. 

and  where  the  number  of  inhabitants  is  one  thousand  and  over  one 
thousand,  shall  embrace  not  exceeding  twelve  hundred  and  eighty 
acres;  but  for  each  additional  one  thousand  inhabitants,  not  exceed- 
ing five  thousand  in  all,  a  further  grant  of  three  hundred  and  twenty 
acres  shall  be  allowed. 

******* 

SEC.  2391.  Any  act  of  the  trustees  not  made  in  conformity  to  the 
regulations  alluded  to  in  section  twenty-three  hundred  and  eighty- 
seven  shall  be  void. 

Act  approved  March  2,  1867  (14  Stat.,  541).  (See  similar  Act 
approved  May  23,  1844,  5  Stat.,  657,  repealed  bv  Act  approved  July 
1,  1864,  13  Stat.,  344,  sec.  5.) 

Acts  approved  June  23,  1874  (18  Stat.,  254,  sec.  3),  and  March  3, 
1877  (19  Stat.,  392). 

SEC.  2392.  No  title  shall  be  acquired,  under  the  foregoing  provi- 
sions of  this  chapter,  to  any  mine  of  gold,  silver,  cinnabar,  or  copper; 
or  to  any  valid  mining-claim  or  possession  held  under  existing  laws. 

Act  approved  March  2,  1867  (14  Stat.,  542),  and  Act  approved 
June  8,  1868  (15  Stat.,  67).  (See  sec.  2386,  Rev.  Stats.,  supra,  and 
sec.  16,  Act  of  March  3,  1891,  26  Stat.,  1101,  infra.) 

SEC.  2393.  The  provisions  of  this  chapter  shall  not  apply  to  mili- 
tary or  other  reservations  heretofore  made  by  the  United  States,  nor 
to  reservations  for  light-houses,  custom-houses,  mints,  or  such  other 
public  purposes  as  the  interests  of  the  United  States  may  require, 
whether  held  under  reservations  through  the  Land-Office  by  title 
derived  from  the  Crown  of  Spain,  or  otherwise. 

Act  approved  March  2,  1867  (14  Stat.,  542). 

SEC.  2394.  The  inhabitants  of  any  town  located  on  the  public  lands 
may  avail  themselves,  if  the  town  authorities  choose  to  do  so,  of  the 
provisions  of  sections  twenty-three  hundred  and  eighty-seven,  twenty- 
three  hundred  and  eighty-eight,  and  twenty-three  hundred  and 
eighty-nine;  and,  in  addition  to  the  minimum  price  of  the  lands 
embracing  any  town  site  so  entered,  there  shall  be  paid  by  the  parties 
availing  themselves  of  such  provisions  all  costs  of  surveying  and 
platting  any  such  town  site,  and  expenses  incident  thereto  incurred 
by  the  United  States,  before  any  patent  issues  therefor;  but  nothing 
contained  in  the  sections  herein  cited  shall  prevent  the  issuance  of 
patents  to  persons  who  have  made  or  may  hereafter  make  entries, 
and  elect  to  proceed  under  other  laws  relative  to  town-sites  in  this 
chapter  set  forth. 

Act  approved  June  8,  1868  (15  Stat.,  67). 


ADDITIONAL  TOWNSITES,  ETC. 


That  the  existence  or  incorporation  of  any  town  upon  the  public 
lands  of  the  United  States  shall  not  be  held  to  exclude  from  pre- 
emption or  homestead  entry  a  greater  quantity  than  twenty-five 


LAWS.  7 

hundred  and  sixty  acres  of  land,  or  the  maximum  area  which  may 
be  entered  as  a  town-site  under  existing  laws,  unless  the  entire  tract 
claimed  or  incorporated  as  such  town-site  shall,  including  and  in 
excess  of  the  area  above  specified,  be  actually  settled  upon,  inhab- 
ited, improved,  and  used  for  business  and  municipal  purposes. 

SEC.  2.  That  where  entries  have  been  heretofore  allowed  upon 
lands  afterwards  ascertained  to  have  been  embraced  in  the  corporate 
limits  of  any  town,  but  which  entries  are  or  shall  be  shown,  to  the 
satisfaction  of  the  Commissioner  of  the  General  Land  Office,  to 
include  only  vacant  unoccupied  lands  of  the  United  States,  not 
settled  upon  or  used  for  municipal  purposes,  nor  devoted  to  any 
public  use  of  such  town,  said  entries,  if  regular  in  all  respects,  are 
hereby  confirmed  and  may  be  carried  into  patent:  Provided,  That 
this  confirmation  shall  not  operate  to  restrict  the  entry  of  any  town- 
site  to  a  smaller  area  than  the  maximum  quantity  of  land  which,  by 
reason  of  present  population,  it  may  be  entitled  to  enter  under  said 
section  twenty-three  hundred  and  eighty-nine  of  the  Revised  Statutes. 

SEC.  3.  That  whenever  the  corporate  limits  of  any  town  upon  the 
public  domain  are  shown  or  alleged  to  include  lands  in  excess  of  the 
maximum  area  specified  in  section  one  of  this  act,  the  Commissioner 
of  the  General  Land  Office  may  require  the  authorities  of  such  town, 
and  it  shall  be  lawful  for  them,  to  elect  what  portion  of  said  lands, 
in  compact  form  and  embracing  the  actual  site  of  the  municipal 
occupation  and  improvement,  shall  be  withheld  from  pre-emption 
and  homestead  entry;  and  thereafter  the  residue  of  such  lands  shall 
be  open  to  disposal  under  the  homestead  and  pre-emption  laws. 
And  upon  default  of  said  town  authorities  to  make  such  selection 
•within  sixty  days  after  notification  by  the  Commissioner,  he  may 
direct  testimony  respecting  the  actual  location  and  extent  of  said 
improvements,  to  be  taken  bv  the  register  and  receiver  of  the  district 
in  which  such  town  may  be  situated;  and,  upon  receipt  of  the  same, 
he  may  determine  and  set  off  the  proper  site  according  to  section 
one  of  this  act,  and  declare  the  remaining  lands  open  to  settlement 
and  entry  under  the  homestead  and  pre-emption  laws;  and  it  shall 
be  the  duty  of  the  secretary  of  each  of  the  Territories  of  the  United 
States  to  furnish  the  surveyor-general  of  the  Territory  for  the  use  of 
the  United  States  a  copy  duly  certified  of  every  act  of  the  legislature 
of  the  Territory  incorporating  any  city  or  town,  the  same  to  be  for- 
warded by  such  secretary  to  the  surveyor-general  within  one  month 
from  date  of  its  approval. 

SEC.  4.  It  shall  be  lawful  for  any  town  which  has  made,  or  may 
hereafter  make  entry  of  less  than  the  maximum  quantity  of  land 
named  in  section  twenty-three  hundred  and  eighty-nine  of  the  Revised 
Statutes  to  make  such  additional  entry,  or  entries,  of  contiguous  tracts, 
which  may  be  occupied  for  town  purposes  as  when  added  to  the 
entry  or  entries  theretofore  made  will  not  exceed  twenty-five  hundred 
and  sixty  acres.  Provided,  That  such  additional  entry  shall  not 
together  with  all  prior  entries  be  in  excess  of  the  area  to  which  the 
town  may  be  entitled  at  date  of  the  additional  entry  by  virtue  of 
its  population  as  prescribed  in  said  section  twenty-three  hundred 
and  eighty-nine. 

Act  approved  March  3,  1877  (19  Stat.,  392). 


LAWS. 

TOWNSITES  ON  MINERAL  LANDS. 


SEC.  16.  That  town-site  entries  may  be  made  by  incorporated  towns 
and  cities  on  the  mineral  lands  of  the  United  States,  but  no  title 
shall  be  acquired  by  such  towns  or  cities  to  any  vein  of  gold,  silver, 
cinnabar,  copper,  or  lead,  or  to  any  valid  mining  claim  or  posses- 
sion held  under  existing  law.  When  mineral  veins  are  possessed 
within  the  limits  of  an  incorporated  town  or  city,  and  such  posses- 
sion is  recognized  by  local  authority  or  by  the  laws  of  the  United 
States,  the  title  to  town  lots  shall  be  subject  to  such  recognized  posses- 
sion and  the  necessary  use  thereof  and  when  entry  has  been  made  or 
patent  issued  for  such  town  sites  to  such  incorporated  town  or  city, 
the  possessor  of  such  mineral  vein  may  enter  and  receive  patent  for 
such  mineral  vein,  and  the  surface  ground  appertaining  thereto: 
Provided,  That  no  entry  shall  be  made  by  such  mineral-vein  claimant 
for  surface  ground  where  the  owner  or  occupier  of  the  surface  ground 
shall  have  had  possession  of  the  same  before  the  inception  of  the 
title  of  the  mineral-vein  applicant. 

Act  approved  March  3,  1891  (26  Stat.,  1101).  (See  sees.  2386 
and  2392,  Rev.  Stats.,  supra.} 


TOWNSITES  ON  CEDED  INDIAN  RESERVATIONS. 
IN  OKLAHOMA. 

RESERVATIONS     FOR     PARKS,     SCHOOLS,     ETC.,     AND     OKLAHOMA     HOMESTEAD     COMMU- 
TATIONS   FOR    TOWNSITES. 


SEC.  22.  That  the  provisions  of  Title  thirty-two,  chapter  eight  of 
the  Revised  Statutes  of  the  United  States  relating  to  reservation 
and  sale  of  town  sites  011  the  public  lands"  shall  apply  to  the  lands 
open,  or  to  be  opened  to  settlement  in  the  Territory  of  Oklahoma, 
except  those  opened  to  settlement  by  the  proclamation  of  the  Presi- 
dent on  the  twenty-second  day  of  April,  eighteen  hundred  and 
eighty-nine:  Provided,  That  hereafter  all  surveys  for  town  sites  in 
said  Territory  shall  contain  reservations  for  parks  (of  substantially 
equal  area  if  more  than  one  park)  and  for  schools  and  other  public 
purposes,  embracing  in  the  aggregate  not  less  than  ton  nor  more 
than  twenty  acres;  and  patents  for  such  reservations,  to  be  main- 
tained for  such  purposes,  shall  be  issued  to  the  towns  respectively 
when  organized  as  municipalities:  Provided  further,  That  in  case  any 
lands  in  said  Territory  of  Oklahoma,  which  may  be  occupied  and  filed 
upon  as  a  homestead,  under  the  provisions  of  law  applicable  to  said 
Territory,  by  a  person  who  is  entitled  to  perfect  his  title  thereto 
under  such  laws,  are  required  for  town-site  purposes,  it  shall  be 
lawful  for  such  person  to  apply  to  the  Secretary  of  the  Interior  to 
purchase  the  lands  embraced  in  said  homestead  or  any  part  thereof 
for  town-site  purposes,  lie  shall  file  with  the  application  a  plat 
of  such  proposed  town-site,  and  if  such  plat  shall  be  approved  by 


LAWS.  9 

the  Secretary  of  the  Interior,  he  shall  issue  a  patent  to  such  person 
for  land  emoraced  in  said  town  site,  upon  the  payment  of  the  sum 
of  ten  dollars  per  acre  for  all  the  lands  embraced  in  such  town  site, 
except  the  lands  to  be  donated  and  maintained  for  public  purposes 
as  provided  in  this  section.  And  the  sums  so  received  by  the  Secre- 
tary of  the  Interior  shall  be  paid  over  to  the  proper  authorities  of  the 
municipalities  when  organized,  to  be  used  by  them  for  school  pur- 
poses only. 

******* 

Act  approved  May  2,  1890  (26  Stat.,  91,  sec.  22). 

HOMESTEADS   COMMUTED    FOR   TOWNSITE    PURPOSES    IN    WICHITA,    COMANCHE,    KIOWA, 

AND   APACHE   LANDS. 


That  that  portion  of  section  twenty-two  of  the  Act  approved 
May  second,  eighteen  hundred  and  ninety,  entitled  "An  Act  to  pro- 
vide a  temporary  government  for  the  Territory  of  Oklahoma,  to 
enlarge  the  jurisdiction  of  the  United  States  court  in  the  Indian 
Territory,  and  for  other  purposes,"  providing  for  the  commutation 
for  town-site  purposes  of  homestead  entries  in  certain  instances,  be, 
and  the  same  is  hereby,  made  applicable  to  the  lands  in  the  Territory 
of  Oklahoma  ceded  to  the  United  States  by  the  Wichita  and  affiliated 
bands  of  Indians  and  the  Comanche,  Kiowa,  and  Apache  tribes  of 
Indians,  under  agreements,  respectively,  ratified  by  the  Acts  of  Con- 
gress of  March  second,  eighteen  hundred  and  ninety-five,  and  June 
sixth,  nineteen  hundred. 

Act  approved  March  11,  1902  (32  Stat.,  63). 

TOWNSITES    VACATED    IN    COMMUTED    HOMESTEADS. 

*  *  *  That  in  all  cases  where  a  town  site,  or  an  addition  to  a 
town  site,  entered  under  the  provisions  of  section  twenty-two  of  an 
Act  entitled  "An  Act  to  provide  a  temporary  government  for  the 
Territory  of  Oklahoma,  to  enlarge  the  jurisdiction  of  the  United 
States  court  in  the  Indian  Territory,  and  for  other  purposes,"  approved 
May  second,  eighteen  hundred  and  ninety,  shall  be  vacated  in  accord- 
ance with  the  laws  of  the  Territory  of  Oklahoma,  and  patents  for  the 
public  reservations  in  such  vacated  town  site,  or  addition  thereto, 
have  not  been  issued,  it  shall  be  lawful  for  the  Commissioner  of  the 
General  Land  Office,  upon  an  official  showing  that  such  town  site, 
or  addition  thereto,  has  been  vacated,  and  upon  payment  of  the 
homestead  price  for  such  reservations,  to  issue  a  patent  for  such 
reservations  to  the  original  entryman. 

If  the  original  entryman  shall  fail  or  neglect  to  make  application 
for  the  reservations  within  six  months  from  the  vacation  of  such  town 
site,  or  from  the  passage  of  this  Act,  the  reservations  shall  be  subject 
to  disposal  under  the  provisions  of  section  twenty-four  hundred 
and  fifty-five  of  the  Revised  Statutes  of  the  United  States,  as  amended 
by  the  Act  approved  February  twenty-sixth,  eighteen  hundred  and 
ninety -five. 

SEC.  2.  That  if  a  patent  has  already  issued,  or  shall  hereafter  issue, 
for  any  such  reservation,  to  any  town  or  municipality,  such  town 
or  municipality,  upon  the  vacation  of  the  town  site  or  addition 

7197—09 — -2 


10  LAWS. 

thereto,  as  aforesaid,  may  sell  the  same  at  public  or  private  sale  to 
the  highest  bidder  after  thirty  days'  public  notice  of  such  sale,  and 
convey  said  lands  to  the  purchaser  by  proper  deed  of  conveyance, 
and  cover  the  proceeds  of  such  sale  into  the  school  fund  of  such  town 
or  municipality:  Provided,  That  where,  by  reason  of  the  vacation 
of  an  entire  town  site  and  all  its  additions,  the  municipal  organization 
has  ceased  to  exist,  the  reservations  in  such  vacated  town  site  which 
may  have  been  patented  to  the  town  may  be  disposed  of  as  isolated 
tracts  under  the  provisions  of  section  twenty-four  hundred  and 
fifty-five  of  the  Revised  Statutes  of  the  United  States,  as  amended 
by  the  Act  approved  February  twenty-sixth,  eighteen  hundred  and 
ninety-five. 

SEC.  3.  That  all  laws  and  parts  of  laws,  in  so  far  as  they  conflict 
with  this  Act,  are  hereby  repealed. 

Act  approved  May  11,  1896  (29  Stat.,  116). 


IN    MINNESOTA. 

TOWNSITES   IN    CEDED   INDIAN   LANDS. 
:(:  g|i  #  $  $  if:  $ 

That  chapter  eight,  title  thirty-two,  of  the  Revised  Statutes  of 
the  United  States,  entitled  "Reservation  and  sale  of  town  sites  on 
the  public  lands,"  be,  and  is  hereby,  extended  to  and  declared  to 
be  applicable  to  ceded  Indian  lands  within  the  State  of  Minnesota. 
This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Act  approved  February  9,  1903  (32  Stat.,  820). 


IN    SOUTH    DAKOTA. 

TOWNSITES    IN    ROSEBUD   INDIAN    LANDS    IN    TRIPP   COUNTY. 

SEC.  2.  That  the  land  shall  be  disposed  of  by  proclamation,  under 
the  general  provisions  of  the  homestead  and  town-site  laws  of  the 
United  States,  and  shall  be  opened  to  settlement  and  entry  by  procla- 
mation of  the  President,  which  proclamation  shall  proscribe  the  manner 
in  which  these  lands  may  be  settled  upon,  occupied,  and  entered  by 
persons  entitled  to  make  entry  thereof,  and  no  person  shall  be  per- 
mitted to  settle  upon,  occupy,  or  enter  any  of  said  lands  except  as 
prescribed  in  sucli  proclamation. 

SEC.  4.  That  the  Secretary  of  the  Interior  is  authorized  to  reserve 
from  said  lands  such  tracts  for  town-site  purposes  as  in  his  opinion 
may  be  required  for  the  future  public  interests,  and  he  may  cause 
the  same  to  be  surveyed  into  blocks  and  lots  and  disposed  of  under 
such  regulations  as  he  may  prescribe,  in  accordance  with  section 
twenty-three  hundred  and  eighty-one  of  the  United  States  Revised 
Statutes.  The  net  proceeds  derived  from  the  sale  of  such  lands  shall 
be  credited  to  the  Indians  as  hereinafter  provided.  *  *  * 

Approved  March  2,  1907  (34  Stat.,  1230  and  1231).  See  para- 
graph 9,  proclamation  of  August  24,  1908  (37  L.  D.,  122). 


LAWS.  11 

IN    NORTH    AND    SOUTH    DAKOTA. 

TOWNSITES    IN   CHEYENNE    RIVER   AND    STANDING    ROCK    LANDS. 


SEC.  2.  That  the  lands  shall  be  disposed  of  by  proclamation  under 
the  general  provisions  of  the  homestead  and  town-site  laws  of  the 
United  States,  and  shall  be  opened  to  settlement  and  entry  by  procla- 
mation of  the  President,  which  proclamation  shall  prescribe  the  man- 
ner in  which  the  lands  may  be  settled  upon,  occupied,  and  entered 
by  persons  entitled  to  make  entry  thereof,  and  no  person  shall  be 
permitted  to  settle  upon,  occupy,  or  enter  any  of  said  lands  except 
as  prescribed  in  such  proclamation: 

******* 

SEC.  5.  That  the  Secretary  of  the  Interior  is  authorized  to  reserve 
from  said  lands  such  tracts  for  town-site  purposes  as  in  his  opinion 
may  be  required  for  the  future  public  interests,  and  he  may  cause 
the  same  to  be  surveyed  into  blocks  and  lots  and  disposed  of  under 
such  regulations  as  he  may  prescribe,  in  accordance  with  section 
twenty-three  hundred  and  eighty-one  of  the  United  States  Revised 
Statutes.  The  net  proceeds  derived  from  the  sale  of  such  lands 
shall  be  credited  to  the  Indians  as  hereinafter  provided. 

Approved  May  29,  1908  (35  Stat.,  461  and  463). 


IN    UTAH. 

TOWNSITES  IN    UINTAH   LANDS. 


That  the  said  unallotted  lands,  excepting  such  tracts  as  may  have 
been  set  aside  as  national  forest  reserve,  and  such  mineral  lands  as 
were  disposed  of  by  the  Act  of  Congress  of  May  twenty-seventh, 
nineteen  hundred  and  two,  shall  be  disposed  of  under  the  general 
provisions  of  the  homestead  and  town-site  laws  of  the  United  States, 
and  shall  be  opened  to  settlement  and  entry  by  proclamation  of  the 
President,  which  proclamation  shall  prescribe  the  manner  in  which 
these  lands  may  be  settled  upon,  occupied,  and  entered  by  persons 
entitled  to  make  entry  thereof;  and  no  person  shall  be  permitted  to 
settle  upon,  occupy,  or  enter  any  of  said  lands,  except  as  prescribed 
in  said  proclamation,  until  after  the  expiration  of  sixty  days  from 
the  time  when  the  same  are  thereby  opened  to  settlement  and 
entry.  *  *  * 

Act  approved  March  3,  1905  (33  Stat.,  1069).  See  acts  approved 
May  27,  1902  (32  Stat.,  263),  March  3,  1903  (32  Stat.,  998),  and 
April  2t,  1904  (33  Stat.,  207).  Also  see  proclamations  of  July  14, 
31,  and  August  14,  1905  (34  Stat.,  3122,  3139,  and  3143). 


12  LAWS. 

IN    NEVADA. 

TOWN8ITE8   IN    WALKER    RIVER   LANDS. 
******* 

And  when  such  allotments  shall  have  been  made,  and  the  consent 
of  the  Indians  obtained  as  aforesaid,  the  President  shall,  by  procla- 
mation, open  the  land  so  relinquished  to  settlement,  to  be  disposed 
of  under  existing  laws. 

******* 

Act  approved  May  27,  1902  (32  Stat.,  261).  See  proclamation  of 
September  26,  1906  (34  Stat.,  3237). 


IX    WYOMING. 
TOWNSITES   IN    SHOSHONE    OR   WIND   RIVER   LANDS. 


SEC.  2.  That  the  lands  ceded  to  the  United  States  under  the  said 
agreement  shall  be  disposed  of  under  the  provisions  of  the  home- 
stead, town-site,  coal  and  mineral  land  laws  of  the  United  States  and 
shall  be  opened  to  settlement  and  entry  by  proclamation  of  the 
President  of  the  United  States  on  June  fifteenth,  nineteen  hundred 
and  six,  which  proclamation  shall  prescribe  the  manner  in  which 
these  lands  may  be  settled  upon,  occupied,  and  entered  by  persons 
entitled  to  make  entry  thereof,  and  no  person  shall  be  permitted  to 
settle  upon,  occupy,  and  enter  said  lands  except  as  prescribed  in 
said  proclamation  until  after  the  expiration  of  sixty  days  from  the 
time  when  the  same  are  opened  to  settlement  and  entry,  *  *  *. 

Lands  entered  under  the  town-site,  coal,  and  mineral-land  laws 
shall  be  paid  for  in' amount  and  manner  as  provided  by  said  laws. 
******** 

Act  approved  March  3,  1905  (33  Stat.,  1021).  See  proclamation 
of  June  2,  1906  (34  Stat.,  3212). 


IX    MOXTAXA. 

TOWNSITES    IN    CUOW    LANDS. 
******* 

SEC.  5.  *  *  *  That  the  lands  not  withdrawn  for  irrigation 
under  said  reservation  Act,  which  lands  shall  be  determined  under 
the  direction  of  the  Secretary  of  the  Interior  at  the  earliest  practical 
date,  shall  be  disposed  of  under  the  homestead,  town-site,  and  min- 
eral-land laws  of  the  United  States,  and  shall  be  opened  to  settle- 
ment and  entry  by  proclamation  of  the  President,  which  proclama- 
tion shall  prescribe  the  manner  in  which  these  lands  may  oe  settled 
upon,  occupied,  and  entered  by  persons  entitled  to  make  entry 
thereof;  and  no  person  shall  be  permitted  to  settle  upon,  occupy, 


LAWS.  13 

or  enter  any  of  said  lands,  except  as  prescribed  in  such  proclamation, 
until  after  the  expiration  of  sixty  days  from  the  time  when  the  same 
are  opened  to  settlement  and  entry:  *  *  * 

That  the  price  of  said  lands  shall  be  four  dollars  per  acre,  when 
entered  under  the  homestead  laws,  *  *  *. 

Lands  entered  under  the  town-site  and  mineral-land  laws  shall 
be  paid  for  in  amount  and  manner  as  provided  by  said  laws,  but 
in  no  event  at  a  less  price  than  that  fixed  herein  for  such  lands,  if 
entered  under  the  homestead  laws,  *  *  *. 

Act  approved  April  27,  1904  (33  Stat.,  360  and  361).  See  proc- 
lamation of  May  24,  1906  (34  Stat.,  3204). 

TOWNSITES   IN    FLATHEAD   LANDS. 


SEC.  17.  That  the  Secretary  of  the  Interior  is  hereby  authorized 
and  directed  to  reserve  and  set  aside  for  townsite  purposes,  and  to 
survey,  lay  out,  and  plat  into  town  lots,  streets,  alleys,  and  parks 
not  less  than  forty  acres  of  said  land  at  or  near  each  of  the  present 
settlements  of  Arlee,  Dayton,  Ravalli,.Dixon,  and  Ronan,  and  not 
less  than  eighty  acres  at  the  present  settlements  of  Saint  Ignatius 
and  Poison,  and  at  such  other  places  as  the  Secretary  of  the  Interior 
may  deem  necessary  or  convenient  for  town  sites,  in  such  manner 
as  will  best  subserve  the  present  needs  and  the  reasonable  pros- 
pective growth  of  said  settlements. 

Such  town  sites  shall  be  surveyed,  appraised,  and  disposed  of  as 
provided  in  section  twenty-three  hundred  and  eighty-one  of  the 
United  States  Revised  Statutes:  Provided,  That  any  person  who,  at 
the  date  when  the  appraisers  commence  their  work  upon  the  land, 
shall  be  an  actual  resident  upon  any  one  such  lot  and  the  owner  of 
substantial  and  permanent  improvements  thereon,  and  who  shall 
maintain  his  or  her  residence  and  improvements  on  such  lot  to  the 
date  of  his  or  her  application  to  enter,  shall  be  entitled  to  enter,  at 
any  time  prior  to  the  day  fixed  for  the  public  sale  and  at  the  appraised 
value  thereof,  such  lot  and  any  one  additional  lot  of  which  he  or 
she  may  also  be  in  possession  and  upon  which  he  or  she  may  have 
substantial  and  permanent  improvements:  Provided  further,  That 
before  making  entry  of  any  such  lot  or  lots  the  applicant  shall  make 
proof,  to  the  satisfaction  of  the  register  and  receiver  of  the  land  dis- 
trict in  which  the  land  lies,  of  such  residence,  possession,  and  owner- 
ship of  improvements,  under  such  regulations  as  to  time,  notice, 
manner,  and  character  of  proof  as  may  be  prescribed  by  the  Com- 
missioner of  the  General  Land  Office,  with  the  approval  of  the  Sec- 
retary of  the  Interior:  Provided  further,  That  in  making  their  ap- 
praisal of  the  lots  so  surveyed,  it  shall  be  the  duty  of  the  appraisers 
to  ascertain  the  names  of  the  residents  upon  and  occupants  of  any 
such  lots,  the  character  and  extent  of  the  improvements  thereon, 
and  the  name  of  the  reputed  owner  thereof,  and  to  report  their  find- 
ings in  connection  with  their  report  of  appraisal,  which  report  of 
findings  shall  be  taken  as  prima  facie  evidence  of  the  facts  therein 
set  out.  All  such  lots  not  so  entered  prior  to  the  day  fixed  for  the 
public  sale  shall  be  offered  at  public  outcry  in  their  regular  order, 
with  the  other  unimproved  and  unoccupied  lots.  That  no  lot  shall 


14  LAWS. 

be  sold  for  less  than  ten  dollars:  And  provided  further,  That  said  lots, 
when  surveyed,  shall  approximate  fifty  by  one  hundred  and  fifty 
feet  in  size. 

Act  of  June  21,  1906  (34  Stat.,  354,  amending  Acts  April  23,  1904, 
33  Stat.,  302,  and  March  3,  1905,  33  Stat.,  1048). 

TOWNSITES   IN    BLACKFEET   AND   l"ORT   PECK   LANDS. 

The  paragraph  relating  to  "Town  sites"  in  the  Act  approved 
March  1,  1907  (34  Stat.,  1039),  relative  to  the  townsites  of  Browning 
and  Babb  and  such  other  townsites  as  may  be  reserved  in  the  Black- 
feet  Indian  Reservation,  and  section  14  of  the  Act  approved  May  30, 
1908  (35  Stat.,  563),  relative  to  the  townsite  of  Poplar  and  such 
other  townsites  as  may  be  reserved  in  the  ' '  Fort  Peck  Indian  Reser- 
vation," are  in  substance  the  same  as  section  17  in  the  Flathead  Act 
above  quoted,  except  that  the  Act  concerning  townsites  in  the  Fort 
Peck  Reservation  grants  a  preference  right  of  entry  to  five  instead 
of  two  lots. 


nsr  WASHINGTON. 

TOWNSITES   IN    COLVILLE   LANDS. 
******* 

SEC.  11.  That  nothing  contained  in  this  Act  shall  prohibit  the 
Secretary  of  the  Interior  from  reserving  from  said  lands,  whether 
surveyed  or  unsurveyed,  such  tracts  for  town-site  purposes,  as  in 
his  opinion  may  be  required  for  the  future  public  interests,  and  he 
may  cause  any  such  reservation,  or  parts  thereof,  to  be  surveyed 
into  blocks  and  lots  of  suitable  size,  and  to  be  appraised  and  disposed 
of  under  such  regulations  as  he  may  prescribe,  and  the  net  proceeds 
derived  from  the  sale  of  such  lands  shall  be  paid  to  said  Indians,  as 
provided  in  section  six  of  this  Act: 

Approved  March  22,  1906  (34  Stat.,  82). 

TOWNSITES    IN    SPOKANE    LANDS. 


SEC.  4.  That  the  Secretary  of  the  Interior  *  *  *  is  further 
authorized  and  directed  to  reserve  and  set  aside  such  tracts  as  he 
may  deem  necessary  or  convenient  for  town-site  purposes,  and  he 
may  cause  any  such  reservations  to  be  surveyed  into  lots  and  blocks 
of  suitable  size  and  to  be  appraised  and  disposed  of  under  such  regu- 
lations as  he  may  prescribe,  and  the  net  proceeds  derived  from  the 
sale  of  such  lands  shall  be  deposited  in  the  Treasury  of  the  United 
States  to  the  credit  of  the  Indians  of  the  Spokane  Reservation. 
******* 

Act  approved  May  29,  1908  (35  Stat.,  459). 


LAWS.  15 

IN   IDAHO. 

TOWNSITE8   IN    COEUR   D'ALENE   LANDS. 

******* 

That  the  Secretary  of  the  Interior  shall  reserve  from  said  lands, 
whether  surveyed  or  unsurveyed,  such  tracts  for  town-site  purposes 
as  in  his  opinion  may  be  required  for  the  future  public  interests,  and 
he  may  cause  any  such  reservations,  or  parts  thereof,  to  be  surveyed 
into  blocks  and  lots  of  suitable  size,  and  to  be  appraised  and  disposed 
of  under  such  regulations  as  he  may  prescribe,  and  the  net  proceeds 
derived  from  the  sale  of  such  lands  shall  be  paid  to  said  Indians  as 
provided  in  section  seven  of  this  Act : 

Act  approved  June  21,  1906  (34  Stat.,  337). 


IN    CALIFORNIA    AND    ARIZONA. 

TOWNSITES    IN    YUMA   AND   COLORADO    RIVER   LANDS. 

******* 

There  is  also  appropriated  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  the  further  sum  of  five  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  to  enable  the  Secretary  of  the 
Interior  to  reserve  and  set  apart  lands  for  town-site  purposes  in  the 
Yuma  Indian  Reservation,  California,  and  the  Colorado  River  Indian 
Reservation  in  California  and  Arizona,  and  to  survey,  plat,  and  sell 
the  tracts  so  set  apart  in  such  manner  as  he  may  prescribe,  the  net 
proceeds  to  be  deposited  in  the  Treasury  of  the  United  States  to  the 
credit  of  the  Indians  of  the  reservations,  respectively,  to  be  reim- 
bursed out  of  the  funds  arising  from  the  sale  or  the  lands. 

******* 

Act  approved  April  30,  1908  (35  Stat.,  77). 


TOWNSITES  IN  RECLAMATION  PROJECTS. 

*  *  That  the  Secretary  of  the  Interior  may  withdraw  from 
public  entry  any  lands  needed  for  town-site  purposes  in  connection 
with  irrigation  projects  under  the  reclamation  Act  of  June  seven- 
teenth, nineteen  hundred  and  two,  not  exceeding  one  hundred  and 
sixty  acres  in  each  case,  and  survey  and  subdivide  the  same  into  town 
lots,  with  appropriate  reservations  for  public  purposes. 

SEC.  2.  That  the  lots  so  surveyed  shall  be  appraised  under  the 
direction  of  the  Secretary  of  the  Interior  and  sold  under  his  direction 
at  not  less  than  their  appraised  value  at  public  auction  to  the  highest 
bidders,  from  time  to  time,  for  cash,  and  the  lots  offered  for  sale  and 
not  disposed  of  may  afterwards  be  sold  at  not  less  than  the  ap- 
praised value  under  such  regulations  as  the  Secretary  of  the  Interior 
may  prescribe.  Reclamation  funds  may  be  used  to  defray  the  neces- 


16  LAWS. 

sary  expenses  of  appraisement  and  sale,  and  the  proceeds  of  such 
sales  shall  be  covered  into  the  reclamation  fund. 

SEC.  3.  That  the  public  reservations  in  such  town  sites  shall  be 
improved  and  maintained  by  the  town  authorities  at  the  expense  of 
the  town;  and  upon  the  organization  thereof  as  municipal  corpora- 
tions the  said  reservations  shall  be  conveyed  to  such  corporations  by 
the  Secretary  of  the  Interior,  subject  to  the  condition  that  they  shall 
be  used  forever  for  public  purposes. 

SEC.  4.  That  the  Secretary  of  the  Interior  shall,  in  accordance  with 
the  provisions  of  the  reclamation  Act,  provide  for  water  rights  in 
amount  he  may  deem  necessary  for  the  towns  established  as  herein 
provided,  and  may  enter  into  contract  with  the  proper  authorities  of 
such  towns,  and  other  towns  or  cities  on  or  in  the  immediate  vicinity 
of  irrigation  projects,  which  shall  have  a  water  right  from  the  same 
source  as  that  of  said  project  for  the  delivery  of  such  water  supply  to 
some  convenient  point,  and  for  the  payment  into  the  reclamation 
fund  of  charges  for  the  same  to  be  paid  by  such  towns  or  cities,  which 
charges  shall  not  be  less  nor  upon  terms  more  favorable  than  those 
fixed  by  the  Secretary  of  the  Interior  for  the  irrigation  project  from 
which  the  water  is  taken. 

SEC.  5.  That  whenever  a  development  of  power  is  necessary  for  the 
irrigation  of  lands  under  any  project  undertaken  under  the  said 
reclamation  Act,  or  an  opportunity  is  afforded  for  the  development 
of  power  under  any  such  project,  the  Secretary  of  the  Interior  is 
authorized  to  lease  for  a  period  not  exceeding  ten  years,  giving  pref- 
erence to  municipal  purposes,  any  surplus  power  or  power  privilege, 
and  the  moneys  derived  from  such  leases  shall  be  covered  into  the 
reclamation  fund  and  be  placed  to  the  credit  of  the  project  from 
which  such  power  is  derived :  Provided,  That  no  lease  shall  be  made 
of  such  surplus  power  or  power  privilege  as  will  impair  the  efficiency 
of  the  irrigation  project. 

Act  approved  April  16,  1906  (34  Stat.,  116). 

AMENDMENT   TO    ABOVE    ACT. 
******* 

SEC.  4.  *  *  *  Whenever,  in  the  opinion  of  the  Secretary  of  the 
Interior,  it  shall  be  advisable  for  the  public  interest,  he  may  with- 
draw and  dispose  of  townsites  in  excess  of  one  hundred  and  sixty 
acres  under  the  provisions  of  the  aforesaid  Act,  approved  April  six- 
teenth, nineteen  hundred  and  six,  and  reclamation  funds  shall  be 
available  for  the  payment  of  all  expenses  incurred  in  executing  the 
provisions  of  this  Act,  and  the  aforesaid  Act  of  April  sixteenth,  nine- 
teen hundred  and  six,  and  the  proceeds  of  all  sales  of  town-sites  shall 
be  covered  into  the  reclamation  fund. 

Act  approved  June  27,  1906  (34  Stat.,  520). 


LAWS.  17 

ALIENS  MAY  ACQUIRE  TOWN  LOTS  IN  THE  TERRITORIES. 

******* 

SEC.  2.  *  *  *  This  Act  shall  not  be  construed  to  prevent  any 
persons  not  citizens  of  the  United  States  from  acquiring  or  holding 
lots  or  parcels  of  lands  in  any  incorporated  or  platted  city,  town,  or 

village,     *     *     *     in  any  of  the  Territories  of  tne  United  States. 
******* 

Act  approved  March  2,  1897  (29  Stat.,  618). 


PARKS  AND  CEMETERIES. 

That  incorporated  cities  and  towns  shall  have  the  right,  under  rules 
and  regulations  prescribed  by  the  Secretary  of  the  Interior,  to  pur- 
chase for  cemetery  and  park  purposes  not  exceeding  one-quarter  sec- 
tion of  public  lands  not  reserved  for  public  use,  such  lands  to  be 
within  three  miles  of  such  cities  or  towns :  Provided,  That  when  such 
city  or  town  is  situated  within  a  mining  district,  the  land  proposed  to 
be  taken  under  this  Act  shall  be  considered  as  mineral  lands,  and 
patent  to  such  land  shall  not  authorize  such  city  or  town  to  extract 
mineral  therefrom,  but  all  such  mineral  shall  be  reserved  to  the 
United  States,  and  such  reservation  shall  be  entered  in  such  patent. 

Act  approved  September  30,  1890  (26  Stat.,  502). 


CEMETERIES. 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
to  sell  and  convey  to  any  religious  or  fraternal  association,  or  private 
corporation,  empowered  by  the  laws  under  which  such  corporation  or 
association  is  organized  or  incorporated  to  hold  real  estate  for  ceme- 
tery purposes,  not  to  exceed  eighty  acres  of  any  unappropriated  non- 
mineral  public  lands  of  the  United  States  for  cemetery  purposes,  upon 
the  payment  therefor  by  such  corporation  or  association  of  the  sum 
of  not  less  than  one  dollar  and  twenty-five  cents  per  acre:  Provided, 
That  title  to  any  land  disposed  of  under  the  provisions  of  this  Act 
shall  revert  to  the  United  States,  should  the  land  or  any  part  thereof 
be  sold  or  cease  to  be  used  for  the  purpose  herein  provided. 

Act  approved  March  1,  1907  (34  Stat.,  1052). 
7197—09 3 


TOWNSITE-KEGULATIOlSrS. 


COUNTY-SEAT  TOWN  SITES. 

Under  section  2286,  U.  S.  Rev.  Stats.,  160  acres  of  public  land  may 
be  entered,  at  the  minimum  price  therefor,  by  a  county  or  parish,  for 
the  establishment  therein  of  a  seat  of  justice,  the  proceeds  of  the  sale 
of  a  tract  so  entered  to  be  devoted  to  the  erection  of  public  buildings 
in  the  county  or  parish  making  the  entry. 

The  application  should  cite  said  section  of  the  statute  and  describe 
the  land  applied  for  by  legal  subdivisions,  and  be  signed  by  an  officer 
of  the  county  or  parish  authorized  to  do  so  by  an  order  of  the  county 
or  parish  board,  and  such  application  should  be  filed  in  the  proper 
local  land  office,  together  with  the  notice  of  intention  to  make  proof  in 
the  form  prescribed  by  Act  approved  March  3,  1879  (20  Stat.,  472). 

Proof  and  payment.- — The  land  must  be  paid  for  at  the  government 
price  per  acre  after  proof  has  been  furnished  satisfactorily  showing — 

First.  Six  weeks'  publication  and  posting  of  notice  of  making 
proof  as  in  homestead  and  other  cases. 

Second.  The  official  character  of  the  officer  filing  the  application 
and  the  properly  certified  record  proof  of  his  authority  therefor. 

Third.  The  due  establishment,  under  the  laws  of  the  State  or  Ter- 
ritory, of  the  seat  of  justice  for  the  county  upon  the  land  applied  for, 
and  also  a  reference  to  the  law  creating  such  county. 

Fourth.  That  the  land  applied  for  is  unappropriated  public  land. 

The  corporate  name  of  the  county  must  be  inserted  in  the  granting 
clause  of  the  certificate  of  entrv. 


TOWNSITES  RESERVED  BY  PRESIDENT. 

Under  section  2380,  U.  S.  Rev.  Stats.,  public  land  may  be  reserved 
by  the  President  for  townsite  purposes  on  his  own  motion,  or  peti- 
tions may  be  addressed  to  him  therefor,  setting  forth  facts  warrant- 
ing his  action  under  said  section,  duly  verified  by  the  affidavit  of  one 
or  more  persons,  such  petitions  to  be  filed  with  the  President,  the 
Department,  or  this  office,  or  with  the  local  officers  for  transmission 
to  this  office. 

Survey  and  appraisal. — Townsites  reserved  under  section  2380,  or 
under  any  other  law  directing  their  disposition  under  section  2381, 
will  be  surveyed,  when  ordered  by  the  Department,  under  the  super- 
vision of  this  office,  into  urban,  or  urban  and  suburban,  lots  and 
blocks,  and  thereafter  the  lots  and  blocks  will  be  appraised  by  such 

18 


REGULATIONS.  19 

disinterested  person  or  persons  as  may  be  appointed  by  the  Secretary 
of  the  Interior.  Each  appraiser  must  take  his  oath  of  office  and 
transmit  the  same  to  this  office  before  proceeding  with  his  work. 
This  office  must  be  notified  by  wire  of  the  time  when  such  appraiser 
or  appraisers  enter  on  duty.  They  will  examine  each  lot  to  be 
appraised  and  determine  the  fair  and  just  cash  value  thereof.  Im- 
provements on  such  lots,  if  any,  must  not  be  considered  in  fixing 
such  value.  Lots  or  blocks  reserved  for  public  purposes  will  not  be 
appraised. 

The  schedule  of  appraisement  must  be  prepared  in  duplicate  on 
forms  furnished  by  this  office,  and  the  certificates  at  the  end  thereof 
must  be  signed  by  each  appraiser,  and  on  being  so  completed  they 
must  be  immediately  transmitted  to  this  office,  and  when  approved 
by  the  Secretary  of  the  Interior  one  copy  will  be  sent  to  the  local 
officers. 

Notices  of  sale  will  be  published  for  thirty  days  (unless  a  shorter 
time  be  fixed  in  a  special  case)  by  advertisement  in  such  newspapers 
as  the  Department  may  select  and  by  posting  a  copy  of  the  notice 
in  a  conspicuous  place  in  the  register's  office. 

How  sold.— Beginning  on  the  day  fixed  in  the  notice  and  continuing 
thereafter  from  day  to  day  (Sundays  and  legal  holidays  excepted) 
as  long  as  may  be  necessary,  each  appraised  lot  will  be  offered  for 
sale  at  public  outcry  to  the  highest  bidder  for  cash,  at  not  less  than 
its  appraised  value. 

Qualifications  and  restrictions. — No  restriction  is  made  as  to  the 
number  of  lots  one  person  may  purchase.  Bids  and  payments  may 
be  made  through  agents,  but  not  by  mail  or  at  any  time  or  place 
other  than  that  fixed  in  the  notice  of  sale. 

Combinations  in  restraint  of  the  sale  are  forbidden  by  section  2373 
of  the  Revised  Statutes  of  the  United  States,  which  reads  as  follows : 

Every  person  who,  before  or  at  the  time  of  the  public  sale  of  any  of  the  lands  of 
the  United  States,  bargains,  contracts,  or  agrees,  or  attempts  to  bargain,  contract,  or 
agree  with  any  other  person,  that  the  last-named  person  shall  not  bid  upon  or  pur- 
chase the  land  BO  offered  for  sale,  or  any  parcel  thereof,  or  who  by  intimidation, 
combination,  or  unfair  management,  hinders  or  prevents,  or  attempts  to  hinder  or 
prevent  any  person  from  bidding  upon  or  purchasing  any  tract  of  land  so  offered  for 
Bale,  shall  be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than 
two  years,  or  both. 

Suspension  or  postponement  of  the  sale  may  be  made  for  the  time 
being,  to  a  further  day,  or  indefinitely,  in  case  of  any  combination 
which  effectually  suppresses  competition  or  prevents  the  sale  of  any 
lot  at  its  reasonable  value,  or  in  case  of  any  disturbance  which  inter- 
rupts the  orderly  progress  of  the  sale. 

Payments  and  forfeitures. — If  any  bidder  to  whom  a  lot  has  been 
awarded  fails  to  make  the  required  payment  therefor  to  the  receiver, 
before  the  close  of  the  office  on  the  day  the  bid  was  accepted,  the 
right  thereafter  to  make  such  payment  will  be  deemed  forfeited,  and 
the  lot  will  be  again  offered  for  sale  on  the  following  day,  or  if  the 
sale  has  been  closed,  then  such  lot  will  be  considered  as  offered  and 
unsold,  and  all  bids  thereafter  by  the  defaulting  bidder  may,  in  the 
discretion  of  the  local  officers,  be  rejected. 

Lots  offered  and  unsold. — Each  lot  offered  and  remaining  unsold 
at  the  close  of  the  sale  will  thereafter  be  and  remain  subject  to 
private  sale  and  entry,  for  cash,  at  the  appraised  value  of  such  lot. 


20  REGULATIONS. 

Certificates. — All  lots  purchased  at  the  same  time,  in  the  same 
manner,  in  the  same  townsite,  and  by  the  same  person  should  be 
included  in  one  certificate,  in  order  to  prevent  unnecessary  multi- 
plicity of  patents.  Lots  sold  at  private  sale  should  be  accompanied 
by  an  application  therefor,  signed  by  the  applicant.  Certificates  will 
be  issued  upon  payment  of  the  purchase  price,  as  in  other  cases. 


TOWNSITES  PLATTED  BY  OCCUPANTS. 

Title  to  lots  and  blocks  in  an  established  town  on  public  land  may 
be  acquired  under  sections  2382  to  2386,  inclusive,  U.  S.  Rev.  Stats. 

Survey  and  plat. — The  occupants,  at  their  own  expense,  must 
cause  a  survey  of  the  land  into  lots,  blocks,  streets  and  alleys  to  be 
made,  and  the  plat  and  field  notes  thereof  to  be  filed  with  the 
recorder  of  the  county  in  which  the  land  is  situated.  The  plat  must 
show  (1)  that  the  land  does  not  include  an  area  in  excess  of  640 
acres,  unless  the  lots,  buildings,  and  improvements  cover  a  greater 
area,  and  then  only  to  the  extent  so  occupied  and  improved;  (2)  that 
the  boundaries  of  the  land  are  correctly  shown  and  described  thereon 
according  to  the  lines  of  the  public  surveys,  or  if  not  so  surveyed, 
then  that  the  exterior  lines  of  the  townsite  survey  are  tied  to  a 
designated,  permanent,  and  thoroughly  identified  monument;  (3)  that 
the  streets,  squares,  blocks,  lots,  and  alleys,  the  dimensions  of  the 
same,  with  measurements,  courses,  and  area  of  each  municipal  sub- 
division, and  the  name  of  the  town  are  correctly  delineated  thereon; 
and  (4)  the  exterior  lines  of  all  existing  railroad  rights  of  way  and 
station  grounds.  The  lots  should  not  exceed  4,200  square  feet, 
except  in  cases  where  the  configuration  necessitates  a  different  area. 
The  above  required  facts  should  be  verified  by  the  oath  of  the  sur- 
veyor entered  upon  the  margin  of  the  plat. 

A  statement  of  the  extent  and  general  character  of  the  improvements 
on  the  land  must  be  filed  with  the  plat  and  field  notes,  and  such  plat 
and  statement  must  be  verified  by  the  oath  of  the  party  acting  for  and 
in  behalf  of  the  occupants  of  the  land. 

Transcript  of  plat  and  statement. — Within  one  month  after  filing  such 
plat,  field  notes,  and  statement,  a  transcript  thereof  in  duplicate,  each 
duly  verified  by  the  certificate  of  the  county  recorder,  and  accompa- 
nied by  the  testimony  of  two  witnesses  that  such  town  has  been  estab- 
lished in  good  faith,  and  showing  the  number  of  inhabitants  thereof, 
and  when  it  was  so  established,  shall  be  filed  with  the  register  and 
receiver  of  the  land  office  in  which  the  townsite  is  located,  who  will 
immediately  transmit  the  same  to  this  office  for  consideration,  and 
upon  the  approval  thereof  one  of  said  duplicate  plats  and  statements 
will  be  returned  to  the  local  officers  for  their  files. 

Notice  of  filing  plat.— On  filing  such  plat  and  statement  the  register 
and  receiver  will  prepare  and  conspicuously  post  in  their  office  a  notice 
to  the  effect  that  the  official  plat  of  such  town  site  has  been  filed  in 
their  office,  and  that  they  are  ready  to  receive  applications  by  lot  occu- 
pants to  make  proof  for  and  purchase  the  lots  occupied  by  them, 
respectively.  The  newspapers  in  the  vicinity  should  be  given  copies 
of  the  notice  as  an  item  of  news,  and  such  other  publicity  should  be 
given  it  as  can  be  done  without  expense. 


REGULATIONS.  21 

Adjustment  to  lines  of  public  survey. — When  the  townsite  is  upon 
land  over  which  the  township  surveys  have  not  been  extended,  the 
surveyor-general  will  be  notified  of  the  townsite  survey  and  be  fur- 
nished by  this  office  with  an  outline  plat  showing  the  exterior  lines 
thereof,  with  courses  and  distances,  trie  date  of  the  survey  and  the 
approval  thereof,  and  thereafter  when  the  township  surveys  nave  been 
extended  over  the  land  the  exterior  lines  of  the  townsite  may  be 
adjusted  thereto  where  it  can  be  done  without  impairing  vested  rights. 

Department  may  make  townsite  survey. — Refusal  or  failure  to  file 
such  transcript,  plat,  field  notes,  and  statement,  with  the  testimony, 
as  above  required,  within  twelve  months  from  the  establishment  of  a 
town  on  the  public  domain,  will  authorize  the  Secretary  of  the  Interior 
to  cause  a  survey  and  plat  to  be  made  thereof,  the  lots  in  which  shall 
be  disposed  of  at  an  increase  of  fifty  per  centum  on  the  minimum  price. 

The  minimum  price  for  all  lots  of  4,200  square  feet  or  less  is  $10  per 
lot,  except  in  cases  where  the  Secretary  of  the  Interior  causes  the  sur- 
vey into  lots  and  blocks  to  be  made  by  the  Government,  in  which  case 
the  minimum  price  is  $15  per  lot  for  such  lots.  The  minimum  price 
for  all  lots  in  excess  of  4,200  square  feet  will  be  computed  by  adding 
to  said  minimum  price  of  $10  or  $15,  as  the  case  may  be,  the  sum  of  $4 
for  each  additional  1,000  square  feet  or  fractional  part  thereof  in 
excess  of  4,200  square  feet. 

A  preemption  right  of  purchase  at  the  minimum  price,  at  any  time 
before  the  day  fixed  for  the  public  sale,  of *not  exceeding  two  lots,  is 
accorded  an  actual  resident,  to  secure  which  he  must  file  in  the  local 
office  his  application  therefor,  and  therein  state  the  date  of  settlement, 
the  value  and  character  of  his  improvements  thereon,  that  he  is  21 
years  of  age  or  over  or  the  head  of  a  family,  and  that  he  is  a  citizen  of 
the  United  States  or  has  declared  his  intention  to  become  such.  The 
notice  of  intention  to  make  proof  must  be  filed  and  the  notice  for  pub- 
lication must  be  issued,  published,  and  posted  at  the  applicant's 
expense  as  in  ordinary  cases  and  in  manner  and  form  and  for  the  time 
as  provided  in  the  act  of  March  3,  1879  (20  Stat.,  472). 

Preemption  proof  may  be  made  before  the  register  and  receiver,  or 
any  officer  duly  authorized  by  law,  and  must  show  by  record  or  docu- 
mentary evidence  where  such  evidence  is  usually  required,  and  where 
not  so  required  by  the  testimony  of  witnesses,  (1)  due  publication  of 
the  register's  notice ;  (2)  the  claimant's  age;  (3)  his  citizenship ;  and 
(4)  his  actual  residence  upon  one  lot  and  substantial  improvements 
on  the  second  lot,  if  two  lots  be  included  in  the  application.  The 
proof  must  embrace  the  testimony  of  the  applicant  and  of  at  least  two 
of  his  advertised  witnesses.  The  purchase  price  for  the  lot  or  lots 
must  be  paid  to  the  receiver  when  the  proof  is  made.  Entry  of  public 
lands  under  other  laws,  or  in  other  townsites,  or  ownership  of  more 
than  320  acres,  will  not  disqualify  an  applicant  from  making  such 
entry.  No  entry  can  be  made  of  an  improved  lot  on  which  the  claim- 
ant does  not  reside  unless  his  residence  lot  is  included  in  the  same  or  a 
previous  entry. 

Hearings  will  be  ordered  and  conducted  in  accordance  with  the 
Rules  of  Practice  where  two  or  more  adverse  applications  are  filed  for 
the  same  lot,  or  where  a  sufficient  contest  affidavit  is  filed  against  an 
application,  on  or  before  the  day  fixed  for  making  proof,  but  no  pur- 
chase money  will  be  collected  from  the  applicants  until  the  final  deter- 
mination of  the  case,  whereupon  the  successful  applicant  will  be 


22  REGULATIONS. 

required  to  pay  the  purchase  price  within  thirty  days  from  notice 
thereof. 

Mineral  surveys,  locations,  applications,  and  entries  covering  lots  in 
such  townsites  will  not  prevent  the  entry  of  such  lots  hereunder  and 
the  issuance  of  patent  thereon,  but  such  mineral  claims,  if  held  under 
prior  and  valid  mineral  rights,  are  amply  protected  by  the  law  from 
prejudice  by  the  allowance  of  such  town-lot  entries  and  patents,  and 
paramount  patents  may  be  issued  thereafter  to  such  mineral  claimants. 

Mineral  patents. — Lots  wholly  covered  by  outstanding  mineral  pat- 
ents are  not  subject  to  entry  under  the  townsite  law,  and  applications 
therefor  will  be  rejected.  Lots  partly  covered  by  mineral  patents  may 
be  entered  at  the  price  fixed  for  the  whole  lot,  but  the  certificate  and 
receipt  must  contain  at  the  end  of  the  description  an  exception  clause 
as  follows:  "  Excepting  and  excluding  the  portion  of  said  lot  (or  lots) 
embraced  in  mineral  patent  (or  patents)  heretofore  issued." 

Millsites. — The  continued  use  and  occupation  within  a  townsite  of 
a  duly  located  millsite  claim  under  section  2337,  U.  S.  Rev.  Stats., 
from  a  time  prior  to  a  settlement  and  occupation  thereon  for  townsite 
purposes,  will  defeat  the  rights  of  the  claimant  under  the  townsite 
laws  to  any  part  of  the  land  within  such  millsite. 

Railroad  rights  of  way  and  station  grounds,  when  approved  by  the 
department,  are  subject  to  all  valid  rights  existing  at  the  date  of 
filing  the  application  for  such  rights  of  way  or  station  grounds. 

Forfeiture  of  preemption  right. — All  right  to  preempt  and  purchase 
occupied  and  improved  lots  for  which  no  entry  has  been  allowed  prior 
to  or  on  the  date  fixed  for  the  public  sale  will  be  forfeited  unless  a 
contest  be  pending  thereon  as  hereinbefore  provided,  and  such  lots 
will  be  offered  for  sale  together  with  the  unoccupied  lots.  When 
notified  of  the  date  fixed  for  the  public  sale,  the  register  and  receiver 
will  refuse  to  receive  or  consider  any  such  application  for  entry 
where  due  publication  could  not  be  had  and  proof  made  thereon  prior 
to  the  date  so  fixed  for  the  public  sale. 

Public  sale. — The  notice  of  public  sale  will  be  prepared  and  pub- 
lished in  the  form  and  manner  herein  provided  for  the  sale  of  town 
lots  under  section  2381,  U.  S.  Rev.  Stats.,  and  the  sale  will  be  con- 
ducted in  the  same  manner  and  subject  to  the  same  restrictions, 
except  that  no  lot  shall  be  sold  for  less  than  the  minimum  price 
herein  fixed  therefor,  and  such  lots  as  may  not  be  so  disposed  of  shall 
thereafter  be  liable  to  private  entry  at  such  minimum,  or  at  such 
reasonable  increase  or  diminution  as  the  Secretary  of  the  Interior 
may  order  from  time  to  time  after  at  least  three  months'  notice.  Cer- 
tificates and  applications  for  private  entry  must  be  issued  and  filed 
in  manner  and  form  as  provided  in  the  regulations  under  said  sec- 
tion 2381. 


TOWNSITES   ENTERED  BY  CORPORATE  AUTHORITIES   OR  JUDGES  OF 
COUNTY  COURTS  AS  TRUSTEES. 

Segregation  by  townsite  settlement. — Public  lands  settled  upon  and 
occupied  as  a  townsite  are  thereby  segregated  from  entry  under  the 
agricultural  land  laws,  and  may  be  entered  under  sections  2387  to 
2389,  subject  to  the  restrictions  contained  in  sections  2386  and  2391 
to  2393,  inclusive,  U.  S.  Rev.  Stats. 


REGULATIONS.  23 

Entries,  by  whom  made. — If  the  town  is  incorporated  the  entry 
must  be  made  by  the  corporate  authorities  or  by  the  mayor  or  other 
principal  officer  authorized  so  to  do  by  resolution  or  ordinance  of  the 
town  board  or  city  council.  If  the  town  is  not  incorporated,  the 
entry  must  be  made  by  the  judge  of  the  county  court  upon  petition 
addressed  to  him  therefor,  signed  by  such  number  of  actual  occu- 
pants of  lots  therein  as  may  be  required  by  the  laws  of  the  State  or 
Territory  in  which  the  town  is  situated,  rrivate  individuals,  organ- 
izations, or  corporations  are  not  authorized  to  make  such  entries. 

A  double  trust. — The  entry  must  be  made  in  trust  (1),  as  to  the 
occupied  lots,  for  the  several  use  and  benefit  of  the  occupants  thereof 
according  to  their  respective  interests,  and  (2)  as  to  the  unoccupied 
lots,  for  the  use  and  benefit  of  the  municipality,  the  public,  or  the 
occupants  collectively  as  a  community.  Such  entries  can  not  be 
made  for  the  benefit  of  one  individual,  or  organization,  or  corporation, 
but  only  for  the  benefit  of  the  actual  inhabitants  and  occupants  of  an 
established  town.  Prospective  townsites  can  not  be  so  entered. 

The  execution  of  the  trust  as  to  the  disposal  of  the  lots  and  the  pro- 
ceeds of  sales  is  to  be  conducted  under  regulations  prescribed  by  the 
state  or  territorial  laws.  Acts  of  trustees  not  in  accordance  with 
such  regulations  are  void. 

The  amount  of  land  that  may  be  entered  under  this  act  is  propor- 
tionate to  the  number  of  inhabitants.  One  hundred  and  less  than  two 
hundred  inhabitants  may  enter  not  to  exceed  320  acres ;  two  hundred 
and  less  than  one  thousand  inhabitants  may  enter  not  to  exceed  640 
acres ;  and  where  the  inhabitants  number  one  thousand  and  over  an 
amount  not  to  exceed  1 ,280  acres  may  be  entered ;  and  for  each  addi- 
tional one  thousand  inhabitants,  not  to  exceed  five  thousand  in  all,  a 
further  amount  of  320  acres  may  be  allowed.  When  the  number  of 
inhabitants  of  a  town  is  less  than  one  hundred  the  townsite  shall  be 
restricted  to  the  land  actually  occupied  for  town  purposes,  by  legal 
subdivisions. 

Unsurveyed  public  land  upon  which  a  town  has  been  established 
may  be  entered  hereunder.  In  such  case  a  special  survey  should  be 
procured  by  application  to  the  surveyor-general  therefor,  the  cost  of 
which  survey  will  be  paid  out  of  the  general  appropriations  for  public 
surveys.  When  the  plat  of  such  survey  is  filed  in  the  local  office, 
application  may  be  made  to  enter  the  land  described  therein. 

Declaratory  statements  may  be  filed  as  the  initiatory  step  for  the 
entry  of  the  land  in  all  cases  where  the  occupants  are  not  ready  to 
apply  for  entry,  and  should  be  so  filed  in  order  to  protect  their  rights. 
The  statement  should  be  signed  and  filed  by  the  officer  entitled  to 
make  entry  under  the  law,  and  should  show  the  number  of  inhabi- 
tants, that  the  land  is  occupied  for  trade,  business,  and  other  townsite 
purposes,  and  the  date  when  first  so  occupied,  and  declare  the  pur- 
pose of  the  occupants  to  enter  it  under  the  townsite  laws.  It  should 
include  only  such  lands  as  the  town  is  entitled  to  enter  by  govern- 
ment subdivisions  where  surveyed,  and  if  not  surveyed  the  land  should 
be  described  so  it  may  be  easily  identified. 

Proof. — The  notice  of  intention  to  make  proof  must  be  filed  and 
the  notice  for  publication  must  be  issued,  published,  and  posted  at 
the  applicant's  expense  as  in  ordinary  cases,  and  in  manner  and 
form  and  for  the  time  provided  in  the  act  of  March  3,  1879  (20  Stat., 
472).  The  proof  may  be  made  before  the  register  and  receiver  or  any 


24  REGULATIONS. 

officer  duly  authorized  by  law,  and  must  show,  by  record  or  documentary 
evidence,  where  such  evidence  is  usually  required,  and  where  not  so 
required,  by  the  testimony  of  at  least  two  of  the  advertised  wit- 
nesses, (1)  due  publication  of  the  register's  notice;  (2)  if  an  incor- 
porated town,  proof  of  incorporation,  which  should  be  a  certified 
copy  of  the  order  of  incorporation,  or  if  by  legislative  enactment,  a 
citation  to  such  act;  (3)  certified  record  evidence  of  the  election, 
qualification,  and  the  authority  of  the  officer  making  entry;  (4)  the 
number  of  townsite  occupants  and  claimants  on  each  occupied 
government  subdivision;  (5)  the  number  of  inhabitants  in  the  town- 
site;  (6)  the  character,  extent,  and  value  of  townsite  improvements 
located  on  each  government  subdivision;  and  (7)  the  date  when  the 
land  was  first  used  for  townsite  purposes. 

Restrictions. —  First.  Area. — Entry  can  not  be  made  hereunder 
of  a  greater  quantity  of  land  than  2,560  acres,  unless  the  excess  in 
area  is  actually  settled  upon,  inhabited,  improved,  and  used  for 
business  and  municipal  purposes. 

Second.  Unpatented  mineral  claims. — Under  said  sections  2386, 
2392,  and  section  16  of  the  act  of  March  3,  1891  (26  Stat.,  1101),  the 
title  to  lands  acquired  hereunder  will  be  subject  to  all  valid  prior 
rights  to  unpatented  mining  claims  or  possessions  held  under  existing 
law,  and  paramount  patents  may  be  issued  thereafter  to  such  mineral 
claimants,  notwithstanding  the  prior  townsite  patent. 

Third.  Patented  mineral  claims. — All  lands  covered  by  patented 
mineral  claims  must  be  omitted  from  townsite  entries  hereunder. 
Government  subdivisions  of  land,  made  fractional  by  the  omission 
of  such  patented  claims,  will  be  designated  by  lot  numbers  on  a 
segregation  diagram  prepared  by  the  surveyor-general. 

Fourth.  Reservations  for  the  use  of  the  United  States  Government 
are  not  subject  to  entry  hereunder. 

Fifth.  Millsites. — The  continued  use  and  occupation  within  a 
townsite  of  a  duly  located  millsite  claim  under  section  2337,  U.  S. 
Rev.  Stats.,  from  a  time  prior  to  a  settlement  and  occupation  thereof 
for  townsite  purposes,  will  defeat  the  rights  of  the  claimant  under 
the  townsite  laws  to  any  part  of  the  land  within  such  millsite. 

Sixth.  Railroad  rights  of  way  and  station  grounds,  when  approved 
by  the  Department,  are  subject  to  all  valid  rights  existing  at  the 
date  of  filing  the  application  for  such  rights  of  way  or  station  grounds. 

Change  of  method  of  entry. — Where  proceedings  have  been  had  for 
the  entry  of  lots  under  sections  2382  to  2386,  inclusive,  U.  S.  Rev. 
Stats.,  but  no  patent  has  issued  thereunder,  the  occupants  may 
avail  themselves,  if  the  town  authorities  choose  to  do  so,  of  the 
provisions  of  said  sections  2387  to  2389  and  make  proof  and  entry 
thereunder:  Provided,  however,  that  in  addition  to  the  minimum 
price  for  the  land  applied  for  there  shall  be  paid,  before  patent 
issues  therefor,  by  the  parties  applying  for  such  change  of  entry,  all 
costs  of  surveying  and  platting  such  townsite  and  expenses  incident 
thereto  incurred  by  the  Government  under  the  provisions  of  said 
sections  2382  to  2386.  On  application  to  this  office  the  applicants 
will  be  informed  of  the  amount  of  said  expense  to  be  paid  in  excess 
of  the  purchase  price  of  the  land  in  order  to  effectuate  such  change 
of  entrv. 

Additional  entries. — Where  townsite  entry  has  been  or  may  here- 
after be  made,  under  the  provisions  of  said  sections  2387  to  2393, 


BEGTJLATIONS.  25 

additional  entries  may  be  made,  under  the  provisions  of  section  4 
of  the  act  approved  March  3,  1877  (19  Stat.,  392),  of  such  contiguous 
tracts  as  may  be  occupied  for  townsite  purposes,  but  such  additional 
entry  shall  not,  together  with  all  prior  entries  made  for  such  townsite, 
be  in  excess  of  the  area  to  which  the  town  may  be  entitled  at  date  of 
the  additional  entry  by  virtue  of  its  population  as  prescribed  in  said 
section  2389:  Provided,  however,  that  such  area  shall  not  exceed 
2,560  acres.  Such  additional  entries  will  be  made  in  the  same 
manner  and  under  the  same  regulations  as  are  herein  provided  for 
entries  under  said  sections  2387  to  2393,  inclusive. 

Entry  and  payment. — When  townsite  proof  has  been  submitted 
hereunder  the  register  and  receiver  will,  if  they  approve  the  same, 
forward  it  to  this  office  with  their  recommendation  thereon,  without 
collecting  the  purchase  money  and  without  issuing  the  final  papers. 
If  the  proof  submitted  to  this  office  is  found  satisfactory  the  local 
officers  will  be  notified  thereof,  and  if  no  objections  exist  in  their 
office  they  will  notify  the  applicant  thereof,  and  on  payment  of  the 
minimum  price  fixed  by  the  law  for  the  purchase  of  the  land  they 
will  issue  the  final  papers.  (See  Circular  of  January  6,  1904,  32 
L.  D.,  481.) 


TOWNSITES  ON  MINERAL  LANDS. 

In  view  of  the  numerous  inquiries  touching  the  rights  of  claimants 
for  mineral  lands  situated  within  townsites,  as  opposed  to  rights 
which  may  be  acquired  to  such  lands  under  the  townsite  laws,  it  is 
deemed  appropriate  to  herein  recite  the  principal  rules  applicable  to 
the  subject,  so  far  as  they  seem  clear  from  the  law  itself  or  are  indi- 
cated by  the  trend  of  adjudicated  cases. 

The  general  townsite  laws,  comprised  in  sees.  2380  to  2394,  U.  S. 
Rev.  Stats.,  authorize  the  entry  of  townsites,  or  the  sale  of  lots 
therein,  upon  public  lands  which  may  include  unpatented  mineral 
claims,  but  the  rights  of  mineral  claimants  upon  any  land  entered  or 
sold  under  said  townsite  laws  are  expressly  protected  by  sees.  2386 
and  2392.  These  two  sections  recognize  the  superior  rights,  as 
against  any  townsite  claimant — whether  corporate,  community,  or 
individual — of  all  claimants  for  mineral  veins  possessed  agreeably 
to  local  custom,  or  for  any  valid  mining  claim  or  possession  held 
under  existing  law.  The  precedence  and  superiority  so  accorded  to 
mineral  claims,  however,  depend  in  final  analysis  upon  the  question 
of  fact  whether,  at  date  of  townsite  entry  or  lot  sale,  the  lands  claimed 
under  the  mining  laws  were  "known  to  contain  minerals  of  such 
extent  and  value  as  to  justify  expenditures  for  the  purpose  of  extract- 
ing, them"  (31  L.  D.,  87).  Where  an  affirmative  showing  in  such 
behalf  is  made  in  due  course  by  the  mineral  claimant,  his  right  to  a 
patent  for  the  land  (subject  to  the  distinction  hereinafter  noted  as  to 
incorporated  towns)  will  not  be  prejudiced  by  any  previous  townsite 
entry,  deed,  or  patent  covering  the  same  land  (26  L.  D.,  144;  29 
L.  D.,  426;  32  L.  D.,  211 ;  34  L.  D.,  276  and  596). 

Under  said  general  townsite  laws,  as  construed  by  the  Department 
and  the  courts,  an  entry  including  unpatented  mineral  lands  may  be 
made  for  an  incorporated  town  as  well  as  for  an  unincorporated 
town,  the  law  requiring  that  in  the  former  case  the  entry  shall  be 


26  REGULATIONS. 

made  by  the  corporate  authorities,  and  in  the  latter  by  the  county 
judge  (34  L.  D.,  24).  While  such  general  right  of  entry  by  or  for 
incorporated  towns  and  cities  is  therefore  independent  of  anything 
contained  in  sec.  16  of  the  act  of  March  3,  1891  (26  Stats.,  1095),  it 
will  be  seen  that  that  section  in  terms  announces  the  right  to  enter 
mineral  lands.  The  protection  afforded  to  mineral  claims  by  the 
body  of  sec.  16  is  similar  to  that  given  generally  in  said  sees.  2386 
and  2392,  Rev.  Stats.,  but  the  proviso  to  sec.  16  is  as  follows: 

Provided,  That  no  entry  shall  be  made  by  such  mineral-vein  claimant  for  surface 
ground  where  the  owner  or  occupier  of  the  surface  ground  shall  have  had  possession 
of  the  same  before  the  inception  of  the  title  of  the  mineral-vein  applicant. 

This  Department  has  never  viewed  said  proviso  as  warranting, 
under  any  circumstances,  the  allowance  of  entry  for  a  mineral  vein 
independently  of  "the  surface  ground  appertaining  thereto,"  nor  is 
such  an  entry  provided  for  .in  the  general  mining  laws.  But  said 
proviso  creates  one  distinction  between  unincorporated  and  incor- 
porated towns  as  regards  the  relative  rights  of  townsite  occupants 
and  mineral  claimants,  which  is,  that  whereas  the  townsite  patent 
will,  in  either  case,  carry  absolute  title  to  any  mineral  not  known  to 
exist  at  the  date  of  townsite  entry,  the  adverse  rights  of  mineral  and 
town-lot  claimants  within  incorporated  towns  are  hinged  upon  pri- 
ority of  initiation.  That  is  to  say,  that  after  entry  is  made  for  such 
town,  no  entry  by  a  mineral- vein  applicant  will  be  allowed  for  any 
land  owned  and  occupied  under  the  townsite  law  by  a  party  whose 
possession  antedated  the  inception  of  the  mineral  applicant's  claim, 
even  though  such  land  was  known,  at  date  of  the  townsite  entry,  to 
contain  valuable  minerals. 

Subject  to  the  distinction  above  noted,  the  foregoing  principles 
apply  to  all  mineral  claims  within  townsites  entered  or  disposed  of 
under  any  of  the  laws  above  mentioned,  and  also  to  mineral  claims 
within  townsites  disposable  under  special  acts  containing  no  refer- 
ence to  the  rights  of  mining  claimants. 

The  law  does  not  require  that  townsite  entries  shall  exclude  any 
mineral  claim  or  possession  except  such  as  may  have  been  patented 
(29  L.  D.,  21).  Mineral  claims  which  have  not  been  patented  may 
be  excluded  from  a  townsite  entry  at  the  option  of  the  townsite 
applicant,  who  must,  in  that  event,  furnish  satisfactory  proof  that 
the  exclusion  covers  a  "valid  mining  claim  or  possession  held  under 
existing  law"  (33  L.  D.,  542).  The  exclusion  of  a  millsite  claim 
from  a  townsite  entry  is  necessary  only  in  cases  where  the  millsite 
claimant  shall  have  been  in  occupation  of  the  ground,  under  regular 
location,  from  a  time  antedating  its  occupation  for  townsite  pur- 
poses. The  issue  of  priority  in  such  cases  may  be  raised  by  the 
townsite  applicant,  the  millsite  claimant,  or  the  Government. 


TOWNSITES  ON  CEDED  INDIAN  RESERVATIONS. 
IN  OKLAHOMA. 

How  entered. — Under  section  22  of  the  act  approved  May  2,  1890 
(26  Stat.,  91),  townsite  entries  may  be  made  in  the  same  manner, 
under  the  same  regulations,  and  for  the  same  purchase  price  herein 
provided  for  entries  under  sections  2380  and  2381,  2382  to  2386,  or 


BEGULATIONS.  27 

2387  to  2394,  U.  S.  Rev.  Stats.,  except  that  the  following  additional 
proof  is  required : 

Public  reserves. — Triplicate  plats  of  the  survey  of  the  townsite  into 
lots  and  blocks  must  be  made  and  filed  with  the  local  officers  at  the 
time  of  submitting  proof,  showing  the  reservation  of  not  less  than 
ten  nor  more  than  twenty  acres  For  park,  school,  and  other  public 
purposes.  Such  plats  shall  be  made  on  tracing  linen  and  on  a  scale 
of  100  feet  to  1  inch,  and  be  provided  with  a  margin  sufficient  to 
contain  the  verifications  of  the  surveyor  and  the  applicant  acting  for 
the  town  and  the  approval  thereof  by  the  proper  officer  of  the  Land 
Department.  The  name  of  the  townsite  must  be  stated  on  the  plats, 
and  they  must  contain  a  description  of  the  land  and  the  exterior 
boundaries  thereof,  according  to  the  lines  of  the  public  surveys,  and 
must  exhibit  the  streets,  squares,  blocks,  lots,  and  alleys,  the  courses 
and  distances  of  the  exterior  lines  of  the  squares,  the  width  and 
courses  of  the  streets  and  alleys,  the  size  of  the  regular  lots  and  blocks, 
and  if  a  lot  or  block  is  irregular  in  shape  the  dimensions  and  courses 
of  the  lines  of  each  should  be  indicated,  so  the  area  thereof  may  be 
readily  computed,  and  the  area  of  each  reserve  and  the  particular 
public  purpose  for  which  the  reserve  is  made  must  be  designated 
thereon.  The  exterior  lines  of  all  existing  railroad  rights  of  way  and 
station  grounds  should  also  be  delineated  on  the  plat.  Whenever  an 
entry  is  made  adjacent  to  a  town  already  in  existence,  the  streets 
must  conform  to  the  streets  already  established,  and  this  must  be 
stated  in  the  affidavit  of  the  surveyor  upon  the  margin  of  each  plat, 
which  affidavit  must  also  contain  a  statement  showing  the  correct- 
ness of  the  survey  and  plats  of  the  land,  describing  it,  and  giving  the 
aggregate  area  of  the  tracts  reserved  for  public  purposes.  The  affi- 
davit of  the  applicant  upon  the  margin  of  each  plat  shall  contain  the 
statement  that  the  application  for  the  described  tract  of  land  as 
the  townsite  of  -  —  is  made  under  the  provisions  of  section  22  of  the 
act  of  May  2,  1890  (26  Stat.,  91);  that  all  streets,  alleys,  parks,  and 
reservations  are  dedicated  to  public  use  and  benefit;  and  that  the 
plat  is  correct  according  to  the  survey  made  by  the  proper  surveyor. 
Upon  the  receipt  of  such  proof  and  plat  by  this  office,  if  found  to  be 
satisfactory,  the  plats  will  be  approved  by  the  commissioner,  and 
two  of  them  will  be  returned  to  the  local  officers,  one  to  be  retained 
in  their  files  and  one  to  be  given  to  the  applicant  for  filing  with  the 
recorder  of  the  proper  county,  and  the  local  officers  will  be  directed 
to  take  such  further  action  as  may  be  prescribed  by  the  law  and 
regulations  under  which  the  application  is  made. 

Homestead  commutations  for  toumsites. — Applications  to  commute 
homestead  entries,  or  portions  thereof,  for  townsite  purposes  under 
the  provisions  of  the  second  proviso  of  section  22  of  the  act  approved 
May  2,  1890  (26  Stat.,  91),  will  be  addressed  to  the  Secretary  of  the 
Interior  and  be  filed  in  the  district  land  office.  The  application  may 
be  on  Form  4-001 ,  and  may  be  made  for  the  commutation  of  the  whole 
or  a  part  of  the  homestead  entry,  but  must  be  by  full  legal  subdivi- 
sions, and  any  application  for  less  than  a  full  legal  subdivision  or  for 
land  involved  in  any  contest  will  not  be  recognized. 

Proof. — Notice  of  intention  to  make  proof  and  the  notice  for  pub- 
lication shall  be  the  same  in  all  respects  as  that  required  of  a 
claimant  in  making  final  homestead  proof,  with  the  addition  that  it 
shall  state  that  said  proof  will  be  made  under  section  22  of  the  act 


28  REGULATIONS. 

of  May  2,  1890.  Proof  by  the  claimant  and  two  of  his  advertised 
witnesses  must  be  furnished  showing — 

First.  Due  publication  of  notice  as  in  ordinary  cases. 

Second.  That  the  land  is  required  for  townsite  purposes. 

Third.  Due  compliance  by  the  entryman  with  the  provisions  of 
the  law  and  of  the  President's  proclamation  under  which  settlement 
on  the  land  became  permissible. 

Fourth.  The  claimant's  citizenship  and  qualifications  in  all  other 
respects  as  a  homesteader,  the  same  as  in  making  final  homestead  or 
commutation  proof. 

Fifth.  Due  compliance  by  the  claimant  with  all  the  requirements 
of  the  homestead  law  up  to  the  date  of  submitting  proof. 

Plats. — At  the  time  of  submitting  proof  the  entryman  shall  file 
therewith  triplicate  plats  of  the  survey  of  the  land  into  lots,  blocks, 
streets,  and  alleys,  in  the  same  form  and  manner,  and  containing 
reservations  of  not  less  than  ten  nor  more  than  twenty  acres,  as  re- 
quired by  the  regulations  herein  for  the  entry  of  townsites  under  said 
section  22,  the  same  to  be  duly  verified  by  himself  and  the  surveyor 
as  in  said  regulations  required,  except  that  his  oath  shall  show  that 
his  application  is  made  under  the  provisions  of  the  second  proviso  of 
said  section  22. 

Purchase  price. — At  the  time  of  submitting  the  proof  and  plats, 
except  as  hereinafter  provided,  the  claimant  shall  tender  to  the 
receiver  a  draft  on  New  York,  made  payable  to  the  order  of  the  Secre- 
tary of  the  Interior,  for  the  purchase  price  of  the  land,  exclusive  of 
the  portions  reserved  for  public  purposes,  at  the  rate  of  ten  dollars 
per  acre.  The  register  and  receiver  will  thereupon  transmit  the 
application,  proof,  and  plats  to  this  omce  with  their  joint  report  as 
to  the  status  of  the  land,  and  at  the  same  time  they  will  transmit  the 
draft  to  the  Secretary  of  the  Interior,  making  reference  in  each  letter 
to  the  other. 

Approval. — If  the  proof  and  plats  are  found  by  this  office  to  be  in 
accordance  with  these  regulations  and  sufficient  in  form  and  sub- 
stance, they  will  be  forwarded  to  the  Secretary  of  the  Interior  with 
recommendation  that  they  be  approved.  Should  they  be  so  approved 
and  the  receipt  of  the  purchase  price  of  the  land  be  acknowledged  by 
the  Secretary,  one  of  the  plats  will  be  retained  in  this  office  and  the 
other  two  will  be  returned  to  the  district  land  officers,  one  to  be 
retained  by  them  and  the  other  delivered  to  the  applicant  to  be  by 
him  filed  in  the  office  of  the  recorder  of  deeds  of  the  proper  county, 
and  the  register  will  be  directed  to  issue  his  certificate  for  the  land 
embraced  in  said  plats,  excepting  and  excluding  therefrom  the  tracts 
reserved  for  public  purposes  as  designated  on  said  plats.  Receipt  of 
the  purchase  money  having  been  acknowledged  by  the  Secretary  of 
the  Interior,  no  receipt  will  be  issued  by  the  receiver. 

Notation  on  records. — On  the  issuance  of  the  certificate  of  entry  the 
register  and  receiver  will  note  on  their  records  the  commutation  of 
the  applicant's  homestead  entry,  in  whole  or  in  part,  as  the  case  may 
be.  When  patent  is  ready  for  delivery  the  entryman  will  be  required, 
before  the  patent  shall  be  delivered,  to  surrender  his  duplicate  home- 
stead receipt  for  transmittal  to  this  office,  if  the  entire  homestead 
entry  is  commuted,  or  to  have  the  commuted  entry  noted  thereon 
and  the  same  then  returned  to  him,  if  commuted  only  in  part. 


REGULATIONS.  29 

Contests  or  protests. — Where  an  affidavit  of  contest  or  protest 
against  the  allowance  of  an  application  hereunder  is  filed  at  the  time 
or  submitting  proof,  or  prior  thereto,  containing  sufficient  allegations, 
made  and  corroborated  under  oath  to  warrant  a  hearing,  and  the 
further  allegation  that  the  same  is  not  initiated  for  the  purpose  of 
harassing  the  claimant  and  extorting  money  from  him  under  a  com- 
promise, but  in  good  faith  to  prosecute  the  same  to  a  final  determina- 
tion, the  register  and  receiver  will  take  appropriate  action  thereon  in 
accordance  with  the  Rules  of  Practice.  The  local  officers  will  not 
require  tender  of  the  purchase  price  of  the  land  until  the  final  deter- 
mination of  the  case  favorable  to  the  application  to  purchase,  and 
when  so  advised  they  must  require  the  applicant  to  immediately 
tender  a  New  York  draft  for  such  purchase  price,  made  payable  to 
the  Secretary  of  the  Interior,  and  on  receipt  thereof  they  will  trans- 
mit it  to  the  Secretary  and  advise  this  office  thereof.  Contest  or 
protest  affidavits  filed  after  transmittal  of  proof  will  not  be  considered 
by  the  register  and  receiver,  but  will  be  immediately  transmitted  to 
this  office.  Appeals  lie  from  the  decisions  of  the  register  and  receiver 
to  this  office,  and  from  the  decision  of  this  office  to  the  Secretary  of 
the  Interior,  as  in  other  cases,  and  all  procedure  thereon  will  be  gov- 
erned by  the  Rules  of  Practice. 

Disposition  of  proceeds. — The  moneys  derived  from  the  commuta- 
tion or  homestead  entries  for  townsite  purposes  will  be  paid  over  to  the 
proper  authorities  of  the  municipalities  when  organized,  upon  the 
receipt  of  the  following  required  proof: 

First.  A  duly  certified  copy,  under  seal  of  the  order  of  the  board  of 
county  commissioners,  declaring  that  the  specified  territory  shall, 
with  the  assent  of  the  qualified  voters,  be  an  incorporated  town;  also 
the  notice  for  a  meeting  of  the  electors,  as  required  by  paragraph  5  of 
article  1,  chapter  16,  of  the  statutes  of  Oklahoma. 

Second.  A  like  certified  copy  of  the  statement  of  the  inspectors  filed 
with  the  board  of  county  commissioners,  also  a  like  certified  copy  of 
the  order  of  said  board,  declaring  that  the  town  has  been  incorporated, 
as  provided  by  paragraph  9  of  said  article  1. 

Third.  A  like  certified  copy  of  the  statement  of  the  inspectors,  filed 
with  the  county  clerk,  declaring  who  were  elected  to  the  office  of  trus- 
tees, clerk,  marshal,  assessor,  treasurer,  and  justice  of  the  peace,  as 
provided  by  paragraph  16  of  said  article  1. 

Fourth.  A  like  certified  copy,  by  the  town  clerk,  of  the  proceedings 
of  the  board  of  trustees  electing  one  of  their  number  president;  also  a 
copy  of  the  qualifications  to  act,  by  each  of  the  officers  mentioned,  as 
provided  by  paragraph  19  of  said  article  1. 

Fifth.  A  certified  copy  by  the  town  clerk,  of  the  proceedings  of  the 
board  of  trustees,  designating  some  officer  of  the  municipality  to  make 
application  for  and  to  receive  the  money  to  be  paid  by  the  Secretary  of 
the  Interior. 

Sixth.  A  proper  application  for  the  money  by  said  designated  officer. 

Said  application  shall  be  addressed  to  the  Secretary  of  the  Interior 
and  may  either  be  filed  in  the  district  land  office  for  transmittal  to  this 
office  or  forwarded  by_  the  municipal  authorities  direct  to  this  office. 
When  the  same  is  received  by  this  office,  if  the  application  and  accom- 
panying evidence  are  in  accordance  with  the  requirements  herein  men- 
tioned, it  will  be  transmitted  to  the  Secretary  or  the  Interior  and  when 


30  REGULATIONS. 

approved  by  him  the  money  will  be  paid  over  to  the  designated  officer 
to  be  used  ty  the  municipality  for  school  purposes  only  as  required. 

Public  reserves,  how  entered. — Applications  for  patents  to  the  tracts 
reserved  for  public  purposes,  in  all  towns  in  Oklahoma  created  under 
said  section  22  or  under  any  other  act  where  tracts  have  been  reserved 
for  such  purposes  under  said  section  22,  may  be  filed  on  behalf  of  the 
municipalities  whose  corporate  limits  coyer  the  land  in  which  such 
reservations  are  situated.  The  application  should  be  made  by  the 
mayor  or  other  proper  municipal  officer,  and  describe  the  reservations 
to  be  patented  according  to  the  approved  plats  of  said  townsite,  and 
the  same  should  be  accompanied  with  the  proof  of  the  municipal 
organization  of  the  town  similar  to  that  above  provided  for  the  dis- 
position of  the  proceeds  derived  from  the  commutation  of  homestead 
entries  for  townsite  purposes  under  said  section  22,  and  proof  must 
also  bo  filed  therewith  of  the  authority  of  the  officer  filing  the  applica- 
tion to  make  the  same  with  the  proper  record  evidence  of  his  election 
and  qualification  as  such  officer.  The  application  and  proof  must  be 
filed  in  the  district  land  office,  and  if  the  officers  thereof  find  the  same 
sufficient  under  these  regulations  the  register  will  issue  the  certificate 
of  entry  in  the  form  provided  therefor. 

Reservations  in  vacated  townsites. — Under  the  act  approved  May 
11,  1896  (29  Stat.,  116),  where  a  townsite  or  an  addition  to  a  town- 
site,  in  a  homestead  commuted  to  a  townsite  entry  under  the  second 
proviso  of  section  22  of  the  act  approved  May  2,*1890  (26  Stat.,  91), 
has  been  vacated  under  the  laws  of  Oklahoma,  and  patents  for  the 
public  reservations  therein  have  not  been  issued,  such  reservations 
will  be  disposed  of  in  the  following  manner: 

First.  Application  and  proof  by  the  original  entryman. — Application 
for  a  patent  to  such  reservations  may  be  filed  by  the  original  entry- 
man within  six  months  from  the  vacation  of  the  townsite,  and  proof 
must  be  filed  by  him,  with  the  register  and  receiver,  of  the  due  vaca- 
tion of  such  townsite  in  accordance  with  the  requirements  of  the  laws 
of  Oklahoma,  which  proof  must  consist  of  a  copy  of  the  record  evi- 
dence of  such  vacation  duly  certified.  Such  proof  must  also  be  accom- 
panied with  evidence  that  the  corporate  authorities  of  the  munici- 
pality, if  one  be  organized,  in  which  the  reservations  were  situated 
prior  to  such  vacation,  have  been  personally  served  thirty  days  prior 
to  making  such  proof  with  notice  of  the  application  and  of  the  date 
the  proof  will  be  made.  If  the  proof  be  found  sufficient  the  entry 
will  be  allowed  for  the  reservations  as  described  in  the  townsite  plat 
upon  receipt  of  the  payment  of  the  homestead  price.  If  the  munici- 
pality is  represented  at  the  time  of  making  proof,  it  may  be  heard  in 
opposition  to  the  application  and  decision  be  rendered  thereon  subject 
to  appeal  as  in  other  cases. 

Second.  Reservations  disposed  of  as  isolated  tracts. — In  case  of  the 
failure  of  the  original  entiyman  to  apply  for  patent  to  such  reserva- 
tions within  six  months  from  the  vacation  of  such  townsite,  or  in  case 
such  reserves  have  been  patented  to  the  municipality  and  it  has  ceased 
to  exist  by  reason  of  such  vacation,  the  reservations  will  be  disposed 
of  as  isolated  tracts  under  the  provisions  of  section  2455,  U.  S.  Rev. 
Stats.,  and  the  acts  amendatory  thereof,  and  the  regulations  issued 
thereunder. 

Third.  Reservations  may  be  sold  by  an  existing  municipal  corpora- 
tion, upon  the  vacation  of  the  townsite,  where  patent  has  been  issued 


REGULATIONS.  31 

to  such  municipality  therefor,  the  proceeds  of  such  sale  to  be  covered 
into  the  school  fund  of  such  corporation.  See  case  of  City  of  Enid 
(30  L.  D.,  352). 


IN    MINNESOTA. 


Townsites  in  ceded  Indian  lands  under  the  act  approved  February 
9,  1903  (32  Stat.,  820),  will  be  disposed  of  in  accordance  with  the 
regulations  herein  provided  for  townsites  created  under  sections 
2380  and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Rev.  Stats. 


IN    SOUTH    DAKOTA. 


Townsites  in  Rosebud  ceded  Indian  lands  in  Tripp  County,  under 
the  act  approved  March  2,  1907  (34  Stat.,  1230  and  1231),  will  be 
disposed  of  in  accordance  with  the  regulations  herein  provided  for  the 
disposal  of  townsites  under  section  2381,  U.  S.  Rev.  Stats. 


IN  NORTH  AND  SOUTH  DAKOTA. 


Townsites  in  Cheyenne  River  and  Standing  Rock  Indian  lands,  under 
the  act  approved  May  29,  1908  (35  Stat.,  461  and  463),  will  be  dis- 
posed of  in  accordance  with  the  regulations  herein  provided  for  the 
disposal  of  townsites  under  section  2381,  U.  S.  Rev.  Stats. 


IN  UTAH. 


Townsites  in  the  Uintah  Indian  lands,  under  act  approved  March  3, 
1905  (33  Stat.,  1069),  will  be  disposed  of  in  accordance  with  the  regu- 
lations herein  provided  for  townsites  created  under  sections  2380  and 
2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Rev.  Stats. 


IN    NEVADA. 


Townsites  in  the  Walker  River  Indian  lands,  under  act  approved 
May  27,  1902  (32  Stat.,  261),  will  be  disposed  of  in  accordance  with 
the  regulations  herein  provided  for  townsites  created  under  sections 
2380  and  2381,  2382  .to  2386,  or  2387  to  2393,  U.  S.  Rev.  Stats. 


IN    WYOMING. 


Townsites  in  Shoshone  or  Wind  River  Indian  lands,  under  act 
approved  March  3,  1905  (33  Stat.,  1021),  will  be  disposed  of  in  accord- 
ance with  the  regulations  herein  provided  for  townsites  created  under 
sections  2380  and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Rev. 
Stats. 


32  REGULATIONS. 

IN    MONTANA. 

Townsites  in  Crow  Indian  lands,  under  act  approved  April  27,  1904 
(33  Stat.,  360  and  361),  will  be  disposed  of  in  accordance  with  the 
regulations  herein  provided  for  townsites  created  under  sections  2380 
and  2381,  2382  to  2386,  or  2387  to  2393,  U.  S.  Kev.  Stats. 

Townsites  in  Flafhead  Indian  lands — Survey  and  appraisal. — 
Under  the  act  approved  June  21,  1906  (34  Stat.,  354),  townsites  may 
be  selected  and  reserved  by  the  Secretary  of  the  Interior,  and  there- 
after they  will  be  surveyed  and  platted  into  lots,  blocks,  streets,  and 
alleys,  and  the  lots  appraised  in  accordance  with  the  regulations  in 
this  circular  provided  for  townsites  surveyed,  platted,  and  appraised 
under  section  2381,  U.  S.  Rev.  Stats.,  but  the  appraisers  shall,  in 
addition  to  the  work  in  such  regulations  required,  also  ascertain  the 
names  of  the  residents  upon,  and  occupants  of,  any  lots  in  such 
townsite,  the  character  and  extent  of  the  improvements  on  such  lots, 
and  the  name  of  the  reputed  owner  thereof,  and  they  shall  report 
their  findings  thereon  in  connection  with  their  report  of  appraisals, 
which  report  of  findings  shall  be  taken  as  prima  facie  evidence  of  the 
facts  therein  set  out. 

Filing  of  plat  and  appraisement. — When  the  plat  and  appraisement 
lists  are  approved,  the  same  will  be  sent  to  the  register  and  receiver 
for  filing,  and  immediately  on  receipt  thereof  they  will  prepare  a 
notice  to  the  effect  that  such  plat  and  list  have  been  filed  with  them, 
stating  the  date  thereof,  and  that  they  are  ready  to  receive  applica- 
tions to  make  proof  and  entry  for  improved  lots  by  persons  claiming  a 
preference  right  to  enter  the  same  at  the  appraised  price,  which  appli- 
cations and  the  proof  thereon  must  be  filed  and  made  in  time  to 
secure  entry  prior  to  the  date  fixed  for  the  public  sale.  Such  notice 
will  be  given  Publicity  by  posting  a  copy  thereof  in  a  conspicuous 
place  in  the  register's  office,  by  giving  copies  thereof  to  the  local  news- 
papers as  an  item  of  news,  by  transmitting  copies  thereof  to  the  post- 
master in  each  townsite  in  which  there  is  a  post-office,  and  where 
there  is  none,  then  to  the  postmaster  nearest  the  land,  with  a  request 
that  he  post  the  same  in  a  conspicuous  place  in  his  office,  and  by  giv- 
ing such  further  publicity  thereto  as  may  be  done  v.  ithout  incurring 
expense. 

Preference  right,  application,  and  proof. — A  preference  right  of 
entry,  at  the  appraised  price,  of  not  exceeding  two  lots,  is  accorded 
an  actual  resident,  to  secure  which  entry  the  claimant  must  file  in 
the  district  land  office,  in  time  to  make  proof  and  secure  entry  thereof 
prior  to  the  date  of  public  sale,  an  application  therefor,  showing  that 
at  the  date  the  appraisers  commenced  their  work  upon  the  land  the 
claimant  was  an  actual  resident  upon  one  of  the  lots  applied  for,  and 
the  owner  of  substantial  and  permanent  improvements  thereon,  and 
also  the  owner  at  said  date  of  substantial  and  permanent  improve- 
ments upon  the  other  lot,  if  two  are  applied  for,  and  that  such  resi- 
dence and  improvements  have  been  maintained  thereon  to  date  of 
filing  the  application.  A  notice  of  intention  to  make  proof  must  be 
filed  and  the  notice  for  publication  must  be  issued,  published,  and 
posted  at  the  applicant's  expense,  as  in  ordinary  cases,  and  in  manner 
and  form  and  for  the  time  provided  in  the  act  approved  March  3, 
1879  (20  Stat.,  472). 


BEGULATIONS.  33 

The  proof  may  be  made  before  the  register  and  receiver  or  any 
officer  duly  authorized  by  law,  and  must  show,  by  record  or  docu- 
mentary evidence  where  such  evidence  is  usually  required,  and  where 
not  so  required,  by  the  testimony  of  witnesses,  (1)  due  publication  of 
the  register's  notice;  (2)  the  applicant's  possession  of  and  actual  resi- 
dence upon  one  of  the  lots  applied  for  and  his  or  her  ownership  of 
substantial  and  permanent  improvements  thereon  at  the  date  the 
appraisers  commenced  their  work  upon  the  land;  (3)  his  or  her  pos- 
session and  ownership  of  substantial  and  permanent  improvements 
upon  the  other  lot  at  the  date  the  appraisers  commence  their  work 
upon  the  land,  if  two  lots  are  applied  for;  (4)  the  maintenance  of  such 
residence,  possession,  and  improvements  to  date  of  filing  the  appli- 
cation; and  (5)  applicant's  age,  and  if  a  minor  or  a  married  woman, 
whether  he  or  she  lives  separate  and  apart  from  his  or  her  parents  and 
husband.  The  proof  must  embrace  the  testimony  -of  the  applicant 
and  of  at  least  two  of  his  advertised  witnesses.  The  appraised  pur- 
chase price  of  each  lot  must  be  paid  to  the  receiver  at  the  time  of 
submitting  proof,  except  as  hereinafter  provided,  and  if  the  proof  is 
found  sufficient  entry  will  be  issued  thereon. 

Forfeiture,  qualification,  and  restrictions. — All  preference  right  of 
entry  of  improvecf  or  occupied  lots,  unentered  on  the  day  fixed  for 
the  public  sale,  will  be  forfeited,  unless  a  contest  be  pending  thereon 
as  hereinafter  provided,  and  such  lots  will  be  offered  at  public  outcry 
in  their  regular  order  with  the  other  unimproved  and  unoccupied  lots. 
When  notified  of  the  date  fixed  for  the  public  sale,  the  register  and 
receiver  will  refuse  to  receive  or  consider  any  such  application  for 
entry  where  due  publication  could  not  be  had  and  proof  made  thereon 
prior  to  the  date  so  fixed  for  the  public  sale.  Entry  of  public  land 
under  other  laws,  or  in  other  townsites,  or  ownership  of  more  than 
320  acres  will  not  disqualify  an  applicant.  No  entrv  can  be  made  of 
an  improved  lot  on  which  the  claimant  does  not  reside,  unless  his  or 
her  residence  lot  is  included  in  the  same  or  a  previous  entry. 

Contests. — Hearings  will  be  allowed  and  conducted  in  accordance 
with  the  Rules  of  Practice  where  two  or  more  adverse  applications 
are  filed  for  the  same  lot,  or  where  a  sufficient  contest  or  protest 
affidavit  is  filed  against  an  application  on  or  before  the  day  fixed  for 
making  proof,  but  no  purchase  money  will  be  collected  from  the 
applicants  until  the  final  determination  of  the  case,  whereupon  the 
successful  applicant  will  be  required  to  pay  the  purchase  price  within 
thirty  days  from  notice  thereof. 

Public  sale. — The  notice  of  public  sale  will  be  prepared  and  pub- 
lished in  the  form  and  manner  herein  provided  for  the  sale  of  town 
lots  under  section  2381,  U.  S.  Rev.  Stats.,  and  the  sale  will  be  con- 
ducted in  the  same  manner  and  be  subject  to  the  same  restrictions, 
and  the  certificates  and  applications  for  private  entry  must  also  be 
issued  and  filed  in  manner  and  form  as  provided  in  the  regulations 
under  said  section  2381. 

Townsites  in  Blackfeet  and  Fort  Peck  Indian  lands. — That  portion 
of  the  act  approved  March  1,  1907  (34  Stat.,  1039),  relating  to  town- 
sites  in  the  Blackfeet  Indian  lands,  and  section  14  of  the  act  approved 
May  30,  1908  (35  Stat.,  563),  relating  to  townsites  in  the  Fort  Peck 
Indian  lands,  will  be  administered  in  accordance  with  the  regulations 


34  BEGULATIONS. 

in  this  circular  provided  for  townsites  in  the  Flathead  Indian  lands, 
except  that  in  townsites  in  the  Fort  Peck  Indian  lands  five  lots 
instead  of  two  may  be  awarded  preference-right  claimants,  under  the 
conditions  and  restrictions  provided  in  said  regulations  for  the  entry 
of  two  lots. 


IN    WASHINGTON. 


Townsites  in  Colville  and  in  Spokane  Indian  lands  under  the  acts 
approved  March  22,  1906  (34  Stat.,  82,  sec.  11),  and  May  29,  1908 
(35  Stat.,  459,  sec.  4),  respectively,  will  be  selected  and  reserved  by 
the  Secretary  of  the  Interior,  and  will  thereafter  be  surveyed,  ap- 
praised, and  disposed  of  in  accordance  with  the  regulations  in  this 
circular  provided  under  section  2381,  U.  S.  Rev.  Stats. 


IN    IDAHO. 


Townsites  in  Coeur  d'Alene  Indian  lands,  under  act  approved  June 
21,  1906  (34  Stat.,  337),  will  be  selected  and  reserved  by  the  Secre- 
tary of  the  Interior  and  thereafter  surveyed,  appraised,  and  disposed 
of  in  accordance  with  the  regulations  in  this  circular  provided  under 
section  2381,  U.  S.  Rev.  Stats. 


IN    CALIFORNIA    AND    ARIZONA. 

Townsites  in  Yuma  and  Colorado  River  Indian  lands,  under  that 
portion  of  the  act  approved  April  30,  1908  (35  Stat.,  77),  relating  to 
townsites  in  said  lands,  will  be  selected  and  reserved  by  the  Secretary 
of  the  Interior  and  will  be  thereafter  surveyed,  appraised,  and  dis- 
posed of  in  accordance  with  the  regulations  in  this  circular  provided 
under  section  2381,  U.  S.  Rev.  Stats. 


TOWXSITES  IN  RECLAMATION  PROJECTS. 

Withdrawal,  survey,  appraisement,  and  sale. — Townsites  in  con- 
nection with  irrigation  projects  may  be  withdrawn  and  reserved  by 
the  Secretary  of  the  Interior  under  the  acts  approved  April  16  and 
June  27,  1906  (34  Stat.,  116,  sees.  1,  2,  and  3,  and  519,  sec.  4), 
respectively,  and  thereafter  will  be  surveyed  into  town  lots  with 
appropriate  reservations  for  public  purposes,  and  will  be  appraised 
and  sold  from  time  to  time  in  accordance  with  the  regulations  in  this 
circular  provided  under  section  2381,  U.  S.  Rev.  Stats. 

The  public  reservations  in  each  town  shall  be  improved  and  main- 
tained by  the  town  authorities  at  the  expense  of  the  town;  and  upon 
the  organization  thereof  as  a  municipal  corporation,  said  reserva- 
tions shall  be  conveyed  to  such  corporation  in  its  corporate  name, 
subject  to  the  condition  that  they  shall  be  used  forever  for  public 
purposes.  To  secure  such  conveyances  the  municipality  shall  apply 
through  its  proper  officer  for  a  patent  to  such  reservations,  and 


REGULATIONS.  35 

furnish  proof  in  manner,  form,  and  substance  as  required  under  the 
regulations  in  this  circular  for  patents  to  public  reserves  in  Oklahoma 
townsites  under  section  22  of  the  act  approved  May  2,  1890  (26 
Stat.,  91) 


PARKS  AND  CEMETERIES. 

The  right  of  entry  under  the  act  approved  September  30,  1890  (26 
Stat.,  502),  is  restricted  to  incorporated  cities  and  towns,  and  each  of 
such  cities  and  towns  shall  be  allowed  to  make  entries  of  tracts  of 
unreserved  and  unappropriated  public  land,  by  government  sub- 
divisions, not  exceeding,  in  all  entries  hereunder  by  such  city  or 
town,  a  quarter  section  in  area,  all  of  which  must  lie  within  three 
miles  of  the  corporate  limits  of  the  city  or  town  for  which  the  entries 
are  made. 

Where  on  unsurveyed  land. — If  the  public  surveys  have  not  been 
extended  over  the  land  sought  by  any  city  or  town  under  the  pro- 
visions of  said  act,  it  shall  first  be  necessary  for  the  proper  corporate 
authority  to  apply  to  the  surveyor-general  of  the  district  in  which 
the  tract  in  question  is  located  for  a  special  survey  of  the  outbound- 
aries  of  such  tract.  The  application  should  describe  the  character  of 
the  land  sought  to  be  surveyed  and,  as  accurately  as  possible,  its 
area  and  geographical  location.  Tracts  covered  by  such  special 
surveys  must  be  as  nearly  as  practicable  in  square  form,  and  entries 
of  the  same  will  not  be  allowed  until  after  the  surveys  shall  have 
been  approved  by  the  surveyor-general  and  accepted  by  the  Com- 
missioner of  the  General  Land  Office.  The  current  appropriation  for 
"surveying  the  jmblic  lands"  being  applicable  to  the  survey  of 
"lines  of  reservations,"  as  well  as  to  the  extension  of  the  ordinary 
lines  of  the  system  of  public-land  surveys,  the  cost  of  the  surveys  of  all 
unsurveyed  lands  selected  under  the  provisions  of  said  act  of  Septem- 
ber 30,  1890,  will  be  paid  for  out  of  said  appropriation,  the  same  as  the 
special  surveys  of  the  outboundaries  of  town  sites  and  for  like  reasons 
(see  case  of  Fort  Pierre,  18  C.  L.  O.,  117),  and  the  deputies  employed 
by  the  surveyor-general  to  execute  such  special  surveys  will  report 
whether  the  land  is  either  mineral  in  character  or  within  an  organized 
mining  district. 

Application  and  proof. — An  application  for  the  purposes  indicated 
herein  can  only  be  made  by  the  municipal  authorities  of  an  incor- 
porated city  or  town;  and  in  all  cases  the  entries  will  be  made  and 
patents  issued  to  the  municipality  in  its  corporate  name,  for  the 
specific  purpose  or  purposes  mentioned  in  said  act. 

The  land  must  be  paid  for  at  the  government  price  per  acre,  after 
proof  has  been  furnished  satisfactorily  showing — 

First.  Six  weeks'  publication  of  notice  of  intention  to  make  entry, 
in  the  same  manner  as  in  homestead  and  other  cases. 

Second.  The  official  character  and  authority  of  the  officer  or  officers 
making  the  entry. 

Third.  A  certificate  of  the  officer  having  custody  of  the  record  of 
incorporation,  setting  forth  the  fact  and  date  of  incorporation  of  the 
city  or  town  by  which  entry  is  to  be  made,  and  the  extent  and  location 
of  its  corporate  limits. 


36  REGULATIONS. 

Fourth.  The  testimony  of  the  applicant  and  two  published  witnesses 
to  the  effect  that  the  land  applied  for  is  vacant  and  unappropriated  by 
any  other  party,  and  as  to  whether  the  same  is  either  mineral  in  char- 
acter or  located  within  an  organized  mining  district  or  within  a  mining 
region. 

Fifth.  In  case  the  land  applied  for  is  described  by  metes  and 
bounds,  as  established  by  a  special  survey  of  the  same,  that  the 
applicant  and  two  of  the  published  witnesses  have  testified  from 
personal  knowledge  obtained  by  observation  and  measurements  that 
the  land  to  be  entered  is  wholly  within  .3  miles  of  the  corporate 
limits  of  the  city  or  town  for  which  entry  is  to  be  made. 

Certificates. — Where  the  proof  shows  that  the  land  is  mineral  in 
character,  located  in  a  mining  district,  or  is  within  a  region  known 
as  mineral  lands,  the  certificate  of  entry  shall  contain  the  following 
proviso : 

Provided,  That  no  title  shall  be  hereby  acquired  to  any  mineral 
deposits  within  the  limits  of  the  above-described  tract  of  land,  all 
such  deposits  therein  being  reserved  as  the  property  of  the  United 
States. 


CEMETERIES. 

Who  may  enter. — Under  the  act  approved  March  1,  1907  (34  Stat., 
1052),  the  right  to  purchase  public  land  for  cemetery  purposes  is 
limited  to  religious,  fraternal,  and  private  corporations  or  associa- 
tions, empowered  to  hold  real  estate  for  cemetery  purposes  by  the 
laws  under  which  they  are  organized.  Such  corporation  or  associa- 
tion shall  be  allowed  to  make  but  one  entry  of  not  more  than  eighty 
acres  of  contiguous  tracts  by  government  subdivisions  of  nonmineral, 
unreserved,  and  unappropriated  public  land. 

]1  ^Tiere  on  unsurveyed  Land. — Ir  the  public  surveys  have  not  been 
extended  over  the  land  so  sought  to  be  entered,  the  corporation  or 
association  should  first  apply  to  the  proper  surveyor-general  for  a 
special  survey  of  the  exterior  lines  of  the  tract  desired,  describing  the 
topographical  character  of  the  land  and  its  area  and  geographical 
location  as  accurately  as  possible.  Such  tracts  must  be  as  nearly 
as  practicable  in  a  rectangular  form,  and  after  the  survey  and  plat 
thereof  has  been  made,  approved  by  the  surveyor-general,  accepted 
by  this  office,  and  filed  in  the  local  office,  application  may  then  be 
made  for  the  entry  of  the  land  under  said  act.  The  cost  of  such 
surveys  will  be  paid  out  of  the  current  appropriation  for  ''surveying 
the  public  lands,"  and  the  deputies  employed  will  report  whether 
the  land  is  mineral  in  character. 

The  proof  must  satisfactorily  show- 
First.  The  filing  of  a  notice  of  intention  to  make  proof,  the 
issuance,  in  manner  and  form  so  far  as  possible  as  in  other  cases 
provided,  of  the  publication  notice,  to  be  published  and  posted  for 
the  time  and  in  the  manner  provided  by  the  act  of  March  3,  1879 
(20  Stat.,  472),  and  the  regulations  thereunder. 

Second.  The  official  character  of  the  officer  or  officers  applying 
on  behalf  of  the  association  or  corporation  to  make  the  entry,  and 
his  or  their  express  authority  to  do  so  conferred  by  action  of  the 
association. 


REGULATIONS.  37 

Third.  A  copy  of  the  record,  certified  by  the  officer  having  charge 
thereof,  showing  the  due  incorporation  and  organization  and  date 
thereof  of  the  association  or  corporation  and  its  location  and  address. 
The  law  under  which  it  is  organized  and  by  which  it  derives  its 
authority  to  hold  real  estate  for  cemetery  purposes  must  also  be 
cited. 

Fourth.  That  the  land  applied  for  is  nonmineral,  vacant,  and 
unappropriated  public  land,  and  the  extent  to  which  it  is  used  for 
cemetery  purposes,  and  when  first  so  used,  if  it  is  so  used,  which  must 
be  shown  by  the  testimony  of  the  applicant  and  two  of  the  adver- 
tised witnesses. 

Price. — The  land  must  be  plaid  for  at  such  price  per  acre  as  shall 
be  determined  by  the  Commissioner  of  the  General  Land  Office, 
provided  that  in  no  case  shall  the  price  be  less  than  $1.25  per  acre. 

Entries  under  this  act  must  issue  to  the  association  or  corporation 
in  its  corporate  name,  and  the  granting  clause  in  the  certificate 
should  state  that  the  patent  to  be  issued  for  the  tract  described  is  "for 
cemetery  purposes,  subject  to  reversion  l  to  the  United  States  should 
the  land  or  any  part  thereof  be  sold  or  cease  to  be  used  for  the  pur- 
pose' in  said  act  provided."  Inasmuch,  however,  as  the  Commis- 
sioner of  this  office  determines  the  amount  of  the  purchase  price 
under  the  existing  conditions  in  each  particular  case,  the  register 
and  receiver  will,  when  proof  is  made  to  their  satisfaction,  imme- 
diately forward  such  proof  to  this  office  with  their  recommendation 
thereon  without  collecting  any  money  as  the  purchase  price  and 
without  issuing  the  final  papers.  If  this  office  finds  the  proof  satis- 
factory, the  Commissioner  will  fix  the  purchase  price,  and  the  local 
officers  will,  on  being  notified  thereof  and  no  objection  appearing 
thereto  in  their  office,  notify  the  applicant  of  the  amount  required 
and  allow  him  thirty  days  from  service  of  such  notice  to  pay  such 
purchase  price,  and  on  receipt  thereof  the  entry  will  be  issued. 


Special  order  to  Commissioner  of  June  11,  1896,  is  reissued  as 
follows : 

In  addition  to  cases  specified  in  departmental  order  of  January 
29,  1896  (22  L.  D.,  120),  you  are  directed  to  transmit  for  disposition 
as  "current  work"  all  cases  involving  townsite  entries. 

In  all  cases  classified  as  current  work,  when  sending  out  notice  of 
your  decisions,  you  will  inform  the  parties  interested  of  that  fact, 
and  that  the  rules  relating  to  filing  arguments  will  be  strictly  enforced. 
22  L.  D.,  675. 


FRED  DENNETT,  Commissioner. 

This  circular  approved,  August  7,  1909. 
JESSE  E.  WILSON, 

Acting  Secretary. 


APPENDIX. 


FORMS. 

SCHEDULE  OF  APPRAISEMENT. 

— ,  State  of 


Valuation  of  lots  and  blocks  in  the  townsite  of 
under — 


-,  appraised 


Block. 

Lot. 

Area. 

Valuation. 

Character  of 
land. 

Remarks. 

Dollars. 

Cents. 

-,  19-. 


We,  the  undersigned,  constituting  the  Board  of  Appraisers  appointed  under 


,  to  examine  and  appraise  the  surveyed  and  platted  lots  described  in  the 
foregoing  list  and  designated  on  the  approved  plat  of  the  townsite  of  —  — , 

do  hereby  certify  that  on  the day  (or  days)  of  —  — ,  19 — ,  we  visited  and  exam- 
ined each  of  said  town  lots;  and  that  the  valuation  placed  upon  each  lot  as  designated 
in  the  foregoing  list  is  the  fair,  just,  and  full  cash  value  thereof  according  to  the  best  of 
our  judgment. 

—  \Board  of  Appraisers. 


No. 


APPLICATION  UNDER  SECTION  2387,  U.  S.  REV.  STATS. 


DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT 


-,  of 


—  County,  State  of 


— ,  19—. 
-,  do  hereby 


apply  to  purchase,  under  sections  2387  to  2393,  inclusive,  U.  S.  Rev.  Stats.,  — 
— ,  Sec. ,  T. ,  R.  —  —  of  —       —  Principal  Meridian,  containing 


acres,  at  the  sum  of  $ 


for  the  townsite  of 


My  post-office  address  is 


I  hereby  certify  that  the  land  above  described  contains  — 
purchase  price  therefor  is  $ —    — . 


acres,  and  that  the 

,  Register. 


38 


FORMS.  39 

No. . 

APPLICATION  TO  PURCHASE  TOWN  LOTS. 


DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT 


— ,  19—. 


— , ,  of County,  State  of  —  — ,  do  hereby  apply  to  purchase, 

under ,  Lot ,  Block  No. ,  in  the  townsite  of , ,  as  delineated 

and  designated  in  the  approved  plat  thereof,  containing ,  at  the  sum  of 

. 

My  post-office  address  is , . 


I  hereby  certify  that  the  land  above  described  contains — ,  and  that  the 

purchase  price  therefor  is  $ . 

— ,  Register. 


No. 
APPLICATION  TO  PREEMPT  TOWN  LOTS. 

DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT , 


,  19—. 

I, ,  of County,  State  of ,  do  hereby  apply  to  purchase, 

under ,  Lot  No. ,  in  Block  No. ,  in  the  townsite  of  —     — , —    — ,  as 

delineated  and  designated  in  the  approved  plat  thereof,  containing  —  — ,  at  the  sum 
of  $ —  — ,  basing  said  application  on  the  following  facts:  That  I  am  —  years  of  age 
(and,  if  under  21  years  of  age,  add,  and  the  head  of  a  family);  that  I  am  a  native-born 
citizen  of  the  United  States  (or  have  declared  my  intention  to  become  a  citizen  of  the 
United  States);  that  my  post-office  address  is  —  — , —  — ;  and  that  my  settlement, 
the  date  thereof,  and  the  value  and  character  of  my  improvements  on  said  lot  are  as 
follows: . 


1  hereby  certify  that  the  lot   above  described  contain — ,  and  that  the  purchase 

price  thereof  is  $ —    — . 

— ,  Register. 

No. . 


APPLICATION    FOR   PREFERENCE   RIGHT   OF   ENTRY    IN    FLATHEAD 
INDIAN  LANDS,  MONTANA. 

DEPARTMENT  OF  THE  INTERIOR, 

LAND  OFFICE  AT . , 


I,  —  ,  of County,  State  of  —     — ,  do  hereby  apply  to  purchase, 

under  the  Act  approved  June  21,1906  (34  Stat.,354),  Lot    No. ,  in  Block  No. — 

in  the  townsite  of  -     — ,  —     — ,  as  delineated  and  designated  on  the  plat  thereof 
approved  by  the  Department  of  the  Interior  on  —  — ,  19 — ,  containing  —      — , 

at  the  appraised  price  of  $—    — ,  basing  said  application  on  actual  residence  and 
ownership  of  substantial  and  permanent  improvements  on  said  lot    as  follows:  - 


I  hereby  certify  that  the  lot    above  described  contain-          — ,  and  that  the  ap- 
praised purchase  price  thereof  is  $ —    — . 

,  Register 


40  FORMS. 

NOTICE  OF  INTENTION  TO  MAKE  PROOF. 

DEPARTMENT  OP  THE  INTERIOR, 
LAND  OFFICE  AT , 


-,  as  —  ,  having  applied  to  purchase,  under 


— ,  19—. 


the  — ,  hereby  give  notice  of  —      —  intention  to  make  proof,  to  establish 

—  right  under  said  law  to  enter  the  land  above  described,  before  the — , 

at  —     — ,  —     — ,  on  —          — ,  19 — ,  by  two  of  the  following  witnesses: 
,  ot  ,  . 

— ,  of-     — , . 

,  of , . 

— ,  of-     — , . 


Notice  of  the  above  application  will  be  published  in  the  —  — ,  printed 

at  —     — ,  —     — ,  which  I  hereby  designate  as  the  newspaper  published  nearest  the 
land  described. 

— ,  Register. 


NOTICE  FOR  PUBLICATION  OF  MAKING  PROOF. 

DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT  —     — 


Notice  is  hereby  given  that  --  ,  as  —  —  ,  has  filed  notice  of  his 

intention  to  make  proof  of  his  right  to  enter,  under  —  —  ,  the  —  —  , 

and  that  said  proof  will  be  made  before  —  —  at  -  ,  -  ,  on  —          —  , 

19  —  ,  and  he  names  as  his  witnesses  in  making  such  proof  — 
—  ,  of  -     —  ,  -     —  . 


,  of  -  ,  -  . 
,  of  -  -  ,  -     —  . 

--  ,  Register. 


NOTICE  OF  PUBLIC  SALE. 


DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT 


— ,  19—. 


Notice  is  hereby  given  that  on  the day  of ,  19 — ,  at  —     — ,  —     — , 

beginning  at  10  a.  m.  of  that  day  and  continuing  thereafter  from  day  to  day  as  long 

as  may  be  necessary,  we  will  offer  at  public  outcry  to  the  highest  bidder  for  cash  at 

not  less  than  the  appraised  value  thereof  -  — ,  in  the  townsite  of  -      — , 

— ,  as  delineated  and  designated  on  the  plat  of  said  towusite,  approved  - 

— , ,  now  on  file  in  our  office. 

The  purchase  price  must  be  paid  in  cash  to  the  receiver  before  the  close  of  his  office 
on  the  day  the  bid  is  accepted. 

All  parties  are  warned  under  the  penalty  named  in  section  2373,  U.  S.  Rev.  Stats., 
against  any  combination  or  action  tending  to  hinder  or  embarrass  the  sale  of  said  lots 
or  to  prevent  free  competition  between  bidders. 

— ,  Register. 
,  Receiver. 


FORMS.  41 

No. . 

CERTIFICATE  OF  ENTRY  UNDER  SECTION  2387. 


DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT , 


— ,  19—. 


-  I  hereby  certify  that,  in  pursuance  of  sections  2387  to  2393,  U.  S.  Rev.  Stats., 

,  of County,  State  of ,  ha —  this  day  purchased  for  the  sum  of 

$ —   — ,  the —  of  section  No. ,  in  township  No. ,  of  range  No. 

—  of  the  —    —  Principal  Meridian,  containing  —      —  acres,  at  the  rate  of  $£— 
per  acre  for  the  townsite  of  —     — . 

Now,  therefore,  be  it  known,  that  on  the  presentation  of  this  certificate  to  the  Com- 
missioner of  the  General  Land  Office,  the  said  —  —  shall  be  entitled  to  re- 
ceive a  patent  for  the  land  above  described,  in  trust  for  the  several  use  and  benefit  of 
the  occupants  thereof,  according  to  their  respective  interests.. 

,  Register. 


No. 
CERTIFICATE  OF  ENTRY  FOR  TOWN  LOTS. 

DEPARTMENT  OF  THE  INTERIOR, 
LAND  OFFICE  AT 


,19-. 

I  hereby  certify  that  in  pursuance  of  —  — ,  —  ,  of  —     —  County, 

has  this  day  purchased  for  the  sum  of  $ —   — ,  Lot  — ,  No. ,  in  Block  No. ,  in 

the  townsite  of  —     — ,  —     — ,  containing  —  — ,  as  the  same delineated 

and  designated  on  the  plat  of  said  townsite,  approved  by  the  Secretary  of  the  Interior 
on  ~~      «  . 

Now,  therefore,  be  it  known,  that  on  the  presentation  of  this  certificate  to  the  Com- 
missioner of  the  General  Land  Office  the  said  purchaser  shall  be  entitled  to  receive 
a  patent  to  said  lot  — . 

,  Register. 


No. 
OKLAHOMA  TOWNSITE  RESERVATION  CERTIFICATE. 


TQ 

j    J.i7  ™~     . 

I  hereby  certify  that,  pursuant  to  the  provisions  of  section  22  of  the  act  of  May  2, 
1890  (26  Stat.,  81),  and  the  regulations  thereunder,  —  —  (mayor  or  trustee) 

of  the  town  (or  city)  of  —  — ,  in  —  —  County,  Oklahoma,  has  made  application 
for  patent  to  said  town  (or  city)  for  —  —  in  the  townsite  of  —  — ,  located 

on  —  — ,  Sec. ,  T. ,  R. ,  I.  M.,  Oklahoma,  reserved  for  said  public  pur- 
poses and  delineated  and  designated  on  the  plats  of  said  townsite,  approved 
by  -  —  on  —  — , ,  said  application  being  accompanied  by  satis- 
factory proof  of  the  organization  of  said  municipality,  and  of  said  —  —  author- 
ity to  make  application  for  patent  for  said  reservations. 

Now,  therefore,  be  it  known  that  on  presentation  of  this  certificate  to  the  Commis- 
sioner of  the  General  Land  Office,  the  said  town  (or  city)  of  —  —  shall  be  entitled 
to  a  patent  for  the  tract  (or  tracts)  of  land  above  described,  to  be  maintained  for  said 
public  purposes  as  provided  in  the  act  herein  mentioned. 

— ,  Register. 


INDEX. 


LAWS. 

Page. 

Aliens  may  acquire  town  lots  in  Territories 17 

Cemeteries 17 

Homestead  entries  when  allowed  in  corporate  limits 6,  7 

Mineral  claims  within  townsites 5,  6, 8 

Park  and  cemetery  entries  by  cities  and  towns 17 

Reservations  for  government  use 6 

Town  sites: 

Additional 7 

Ceded  Indian  land — 

Apache,  Oklahoma 9 

Blackfeet,  Montana 14 

Cheyenne  River,  South  Dakota 11 

Coeur  d' Alene,  Idaho 15 

Colorado  River,  Arizona 15 

Colville,  Washington 14 

Comanche,  Oklahoma 9 

Crow,  Montana 12 

Flathead,  Montana . 13, 14 

Fort  Peck,  Montana 14 

Kiowa,  Oklahoma 9 

Rosebud,  South  Dakota 10 

Shoshone,  Wyoming 12 

Spokane,  Washington 14 

Standing  Rock,  North  and  South  Dakota 11 

Uintah,  Utah 11 

Walker  River,  Nevada 12 

Wichita,  Oklahoma 9 

Wind  River,  Wyoming 12 

Yuma,  California  and  Arizona 15 

Change  of  entry 6 

Commuted  homestead 8,  9 

County  seat 3 

Entered  by  corporate  authorities  or  county  judges 5,  6 

Platted  by  occupants 4,  5 

Public  reserves  in 8,  9, 15, 16 

Public  reserves  in  vacated,  how  disposed  of 9 

Reclamation  project 15, 16 

Reserved,  by  President 3 

Vacated  in  Oklahoma 9 

REGULATIONS. 

Acts  of  Congress.     (See  Index  to  laws). 

Additional  townsites 24 

Adjustment.     (See  Survey.) 

Appraisement  of  lots: 

Ceded  Indian  lands 31-34 

Flathead  Indian  lands 32,  33 

Reclamation  projects 34 

43 


44  INDEX. 

Area  limited:  Page. 

Additional  townsites 25 

Cemeteries 35, 36 

County  seats 18 

Entries  by  judges  or  corporate  authorities 23 

Lots  in  townsites  platted  by  occupants 20 

Parks  and  cemeteries 35 

Reclamation  project  townsites 15, 16 

Townsites  platted  by  occupants 20 

Cemeteries: 

Entries  by  incorporated  cities  and  towns 35 

Entries  by  private  corporations  or  associations 36 

Combinations  in  restraint  of  sale 19 

Commutation  of  homesteads  for  townsites 27-30 

Contests  and  protests: 

Involving  commutation  of  homesteads  for  townsites 29 

Involving  lots  in  Flathead  lands 33 

Involving  lots  in  townsites  platted  by  occupants 21 

County -seat  townsites,  how  entered 18 

Declaratory  statement.     (See  Entry  of  townsites ). 

Entry  of  cemeteries 35-37 

Entry  of  parks  and  cemeteries 35 

Entry  of  town  lots  within: 

Ceded  Indian  lands 31, 34 

Flathead  lands 32, 33 

Reclamation  projects 34 

Reserved  by  President 19 

Townsites  platted  by  occupants 21,  22 

Entry  of  townsites: 

Additional 24 

By  corporate  authorities  or  county  judges 22 

Commutation  of  homesteads  for 27 

County  seat 18 

Declaratory  statement  initiates 23 

Issued  only  after  proof  approved  by  General  Land  Office 25 

Oklahoma  ceded  Indian  lands 26 

Forfeitures: 

Bids  at  public  sale 19 

Preemption  right  of  entry 22 

Preference  right  of  entry 33 

Forms: 

Appraisement  schedule 38 

Application  lor  preference  of  entry  in  Flathead  lands 39 

Application  to  preempt  town  lots 39 

Application  to  purchase  town  lots 39 

Application  under  section  2387,  Revised  Statutes 38 

Certificate  of  entry  for  town  lots 41 

Certificate  of  entry  under  section  2387 41 

Notice  for  publication  of  making  proof 40 

Notice  of  intention  to  make  proof 40 

Notice  of  public  sale 40 

Oklahoma  townsite  reservation  certificate 41 

Hearings.     (See  Contest.) 

Homesteads.     (See  Commutation.) 

Indian  lands: 

Blackfeet,  Montana 33,  34 

Cheyenne  River.  South  Dakota 31 

Coeur  de'Alene.  Idaho 34 

Colorado  River.  Arizona 34 

Colville,  Washington 34 

Crow,  Montana 32 

Flathead,  Montana 32-34 

Fort  Peck.  Montana 33,  34 

Minnesota  ceded 31 

Rosebud,  South  Dakota 31 

Shoshone,  Wyoming 31 

Spokane,  Washington 34 

Standing  Rock,  North  and  South  Dakota..                                                   ...  31 


INDEX.  45 

Indian  lands — Continued.  Page. 

Uintah,  Utah 31 

Walker  River,  Nevada 31 

Wind  River,  Wyoming 31 

Yuraa,  California  and  Arizona 34 

Isolated  tracts,  public  reserves  sold  as 30 

Laws.     (See  Index  to  laws.) 

Millsites 22,  24,  26 

Mineral  claims 22,  24,  25,  26,  36,  37 

Parks: 

Entry  by  city  or  town 35 

Lots  or  blocks  reserved  for 19,  27,  30,  34 

Proof  required  in  entries  of: 

Additional  townsites 25 

Cemeteries 35,  36 

County  seats 18 

Homesteads  commuted  for  townsites. 27 

Lots  in  reclamation  projects 34 

Lots  in  townsites  platted  by  occupants 20 

Lots  under  preference  right 32 

Parks  and  cemeteries 35 

Public  reserves 30, 34 

Townsites  by  corporate  authorities  or  county  judges 23 

Proof  of  claim  to  proceeds  of  sale  of  commuted  homesteads 29 

Practice.     (See  Contests.) 

Order  classifying  townsites  as  current  work 37 

Protest.     (See  Contests.) 

Purchase  price  of: 

Cemeteries 35, 37 

County  seats 18 

Homesteads  commuted  to  townsites 28 

Homesteads  commuted  to  townsites,  disposition  of 29 

Lots  in  Flathead  lands 32,  33 

Lots  in  Indian  lands 31-34 

Lots  in  townsites  in  reclamation  projects 34 

Lots  in  townsites  platted  by  occupants 21 

Lots  in  townsites  reserved  by  President 19 

On  change  of  townsite  entry 24 

Parks  and  cemeteries 35 

Public  reserves  in  vacated  townsites 30 

Townsites  entered  by  corporate  authorities  or  county  judges 24,  25 

Townsites  in  Oklahoma 26 

Railroad  rights  of  way  and  station  grounds: 

Must  be  delineated  on  plats 20,  27 

Subject  to  prior  adverse  rights 22.  24 

Reservations: 

Ceded  Indian  lands 26-34 

Oklahoma  townsites,  how  entered 30 

Oklahoma  townsites,  how  platted 27 

Oklahoma  vacated  townsites,  how  disposed  of 30 

Public  use  in  townsites  reserved  by  President 19 

United  States  use 6,  24 

Settlement  for  townsite  purposes  segregates  land 22 

Survey  of  townsites: 

Adjustment  to  township  survey •      21 

Ceded  Indian  lands 31  -34 

Commuted  homesteads 28 

Department  may  make,  when  occupants  fail : 21 

Flathead  lands 32 

Occupants  may  make 20 

Reclamation  project 34 

Reserved  by  President 18 

Reservations  in  Oklahoma,  must  be  shown  by  plat 27 

Surveyor-General  to  be  notified 21 

Unsurveyed  public  land 23,  35.  36 

Unsurveyed  land.     (See  Survey.) 

Vacated  townsites,  disposal  of  public  reserves  in 30 

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